ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
53. Abatement of applications
Edition: 2022-12-31 · In force
53. Abatement of applications
(1)A criminal application shall abate, where the applicant is the State, on the death of the respondent and, in any other case on the death of the applicant.(2)A civil application shall not abate on the death of the applicant or the respondent but the Court shall, on the application of any interested person, cause the legal representative of the deceased to be made a party in place of the deceased.(3)If no application is made under subrule (2) within twelve months by the applicant or the respondent, the application shall abate.(4)The person claiming to be the legal representative of a deceased party or any interested person to an application may apply for an order to revive the application which has abated under subrule (3) and, if it is proved that he or she was prevented by sufficient cause from continuing with the application, the court shall revive the application upon such terms as to costs or otherwise as it deems fit.(5)An application under this rule may be made before a single judge or the Court on the date of the hearing.