ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
61. Notice of appeal
Edition: 2022-12-31 · In force
61. Notice of appeal
(1)A person who desires to appeal to the Court shall give notice in writing, which shall be lodged in six copies with the registrar of the superior Court at the place where the decision against which it is desired to appeal was given, within fourteen days after the date of that decision, and the notice of appeal shall institute the appeal.(2)Each notice of appeal shall—(a)briefly state the nature of the acquittal, conviction, sentence or finding against which it is desired to appeal; and(b)contain the address at which any documents connected with the appeal may be served on the appellant.(3)Where two or more persons have been convicted at the same trial and any two or more of them desire to appeal to the Court, they may, at their option, lodge separate notices or a joint notice of appeal and where a joint notice of appeal is lodged, it may include, in addition to the grounds of appeal common to all the appellants, grounds peculiar to one or more of them.(4)Where an appeal lies only on a certificate that the case is a fit case for appeal, or with leave, or on a certificate that a point of law of general public importance is involved, it shall not be necessary to obtain such certificate or leave before lodging the notice of appeal.(5)Where a notice of appeal is signed by or on behalf of an appellant who is in prison, it shall include a statement that the appellant intends or does not intend, as the case may be, to appear at the hearing of the appeal.(6)Where a notice of appeal is signed by an advocate, the advocate shall add after his or her signature the words "Retained only to prepare this notice", "Retained to appear at the hearing of the appeal" or "Assigned to appear at the hearing of the appeal", as the case may be.(7)Where the Director of Public Prosecutions certifies under section 379 (3) of the Criminal Procedure Code that a sentence passed by the High Court should be revised, the certificate shall be lodged in six copies with the Registrar within one month after the date of the sentence.(8)A notice of appeal shall be substantially in Form B as set out in the First Schedule and shall be signed by or on behalf of the appellant.