AGADVOKS GLOBALKENYA · ENGLISH
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The Court of Appeal Rules

87. Death of party to intended appeal

Edition: 2022-12-31 · In force

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87. Death of party to intended appeal

(1)An appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of the deceased person’s legal representative.
(2)An appeal shall not be incompetent by reason only that the respondent was dead at the time when it was instituted 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 person.
(3)An application for substitution of a deceased party under subrule (2) may be made before a single judge.
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Source: Kenya Law