ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
89. Contents of record of appeal
Edition: 2022-12-31 · In force
89. Contents of record of appeal
(1)For the purposes of an appeal from a decision of a superior court in exercise of its original jurisdiction, the record of appeal shall, subject to subrule (3), contain copies of the following documents—(a)an index of the documents in the record with the numbers of the pages at which they appear;(b)a statement showing the address for service of the appellant and the address for service furnished by the respondent and, as regards any respondent who has not furnished an address for service as required by rule 79, that respondent’s last known address and proof of service on him or her of the notice of appeal;(d)the trial judge's notes of the hearing;(e)the transcript of any shorthand notes taken at the trial;(f)the affidavits read and documents put in evidence at the hearing or, if such documents are not in the English language, certified translations thereof;(g)the judgment or order;(h)the certified decree or order;(i)the order, if any, giving leave to appeal;(j)the notice of appeal; and(k)such other documents, if any, as may be necessary for the proper determination of the appeal, including any interlocutory proceedings which may be directly relevant:Provided that the copies referred to in paragraphs (d), (e) and (f) shall exclude copies of any documents or any parts thereof that are not relevant to the matters in controversy on the appeal.(2)For the purposes of an appeal from a decision of 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 those set out in subrule (1) and the following documents relating to the appeal to the first appellate court—(a)the order, if any, giving leave to appeal;(b)the memorandum of appeal;(c)the record of proceedings; and(d)the certified decree or order.(3)A judge or registrar of the superior court may, on the application of any party, direct which documents or parts of documents should be excluded from the record and an application for such direction may be made informally.(4)The documents specified in subrule (1) shall be bound in the order in which they are set out and documents produced in evidence shall be put in order of the dates they bear or, where they are undated, the dates when they are believed to have been made, without regard to the order in which they were produced in evidence:Provided that an affidavit filed in support of a chamber summons or notice of motion shall be bound immediately following the summons or notice, as the case may be.(5)Each copy of the record of appeal shall be certified to be correct by the appellant or by any person entitled under rule 22 to appear on the appellant’s behalf.