ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
64. Preparation of record of appeal
Edition: 2022-12-31 · In force
64. Preparation of record of appeal
(1)Within sixty days after a notice of appeal has been lodged, the registrar of the superior court shall prepare the record of appeal:Provided that where the record of appeal is not prepared within the stipulated period, the deputy registrar of the superior shall prepare a certificate of delay.(2)For the purpose of an appeal from the decision a superior court in exercise of its original jurisdiction, the record of appeal shall contain copies of the following documents and which shall be arranged in the following order—(a)an index of the documents in the record of appeal with the numbers of pages at which they appear showing, under the reference to the trial judge's notes and transcript, if any, of shorthand notes, the names of the witnesses and the pages of the record at which their evidence appears;(b)the information, indictment or charge;(c)the trial judge's notes of the hearing, including the proceedings on and after sentence;(d)the transcript of any shorthand notes taken at the trial;(e)a list of the exhibits put in at the trial;(f)the documentary exhibits, photographs and plans put in at the trial and the depositions read in consequence of the absence of the intended witnesses:Provided that the registrar of the superior court may omit copies of documents which are of great length or other exhibits which are difficult to reproduce but instead include copies of the relevant parts only of any such documents or exhibits;(g)the summing-up to the assessors, if there is a record of it, or of the judge's notes on which the judge based his or her summing up, and the opinions of the assessors;(i)the order, if any, giving leave to appeal or the certificate, if any, that the case is a fit case for appeal;(j)the notice of appeal; and(k)any other documents which the trial judge may order to be included, including additional grounds or explanation of the judge’s decision which he considers would be of assistance to the Court, or which appear to the registrar of the superior court to be necessary for the proper disposal of the appeal, and such documents may include a report made after sentence on an appellant's health.(3)Where a person convicted by a magistrate's court has been committed for sentence to a superior court and is appealing to the Court against the sentence imposed by the superior court, the record of appeal shall, in addition to the documents set out in subrule (2), contain a certificate by the registrar of the superior court—(a)that the appellant was convicted on his or her own plea of guilty;(b)that the appellant has lodged no notice of appeal against conviction and that the time for lodging such a notice has expired; or(c)that the appellant has appealed against conviction to the superior court and that the appeal has been determined.(4)For the purposes of an appeal from the decision of a superior court in exercise of its appellate jurisdiction, the record of appeal shall contain documents relating to the proceedings in the trial court corresponding as nearly as may be to the documents specified in sub- rule (2) and copies of the following documents—(a)the petition of appeal;(b)the record of proceedings;(5)Notwithstanding subrule (1), the registrar of the superior court shall not prepare the record of appeal where—(a)the notice of appeal has been lodged out of time, until the registrar has been notified that the time has been extended by order of the superior court or of the Court or the President otherwise directs;(b)the appeal cannot be heard without leave to appeal or a certificate that the case is a fit case for appeal or a certificate that a point of law of general public importance is involved, until the registrar has been notified that such leave or certificate has been given or the President otherwise directs;or(c)the appeal is from a decision of a superior court in exercise of its appellate jurisdiction, until the prescribed fee, or such part thereof, if any, as the appellant may be liable to pay under an order made under rule 115, has been paid or a deposit on account thereof has been made to the satisfaction of the registrar of the superior court.(6)The registrar of the superior court shall certify each copy of the record of appeal to be a true copy of the original proceedings:Provided that the record shall have been produced by printing, photography or any other electronic means approved by the court.