These Rules of Court may be cited as the Court of Appeal Rules, 2010 and shall come into force ninety days after publication in the Gazette.

Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

No sentence of death shall be carried out until the time for giving notice of appeal has expired or, where notice of appeal has been given, until the appeal has been determined.

The Registry of the Court shall be situate at Nairobi:

Provided that where the Court is sitting or about to sit in any place other than Nairobi, then for the purpose of any application or appeal to be heard in that place, the Registry shall be deemed to be situate in that place.

There shall be such sub-registries of the Court in Kenya as the Chief Justice may from time to time order and pending such order there shall be sub-registries at Kisumu, Mombasa, Nyeri, Eldoret and Nakuru.

The registers to be maintained under this rule shall show the number of the application or appeal, the number of the proceedings in the superior court, the names of the parties, the dates when the essential steps in the proceedings were taken and the result of the application or appeal:

Provided that the registers kept in sub-registries need not show the results of applications, other than applications heard locally; but shall show the dates when the material documents were sent to the Registrar.

The registers of criminal and civil appeals shall in addition contain against the entry relating to each appeal a reference to every application made in relation to that appeal, whether made before or after the institution of the appeal.

Every application to the Court, other than an application made informally in the course of a hearing, shall, whether lodged before or after the institution of an appeal, be given a serial number and for this purpose there shall be maintained in the Registry and in each sub-registry two series of numbers for each calendar year, one for criminal and one for civil applications, and the serial number shall be prefixed by letters indicative of the Registry or sub-registry.

Every criminal appeal shall be given a serial number in the Registry, which number shall be allotted as soon as the notice of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.

Every civil appeal shall be given a serial number in the Registry, which number shall be allotted as soon as the memorandum of appeal is received, and for this purpose a series of numbers shall be maintained for each calendar year.

Notwithstanding any provision in these Rules appointing the appropriate registry as the place where any document is to be lodged, the Registrar shall have power in any particular case to permit the lodging of any document in the Registry or in any sub registry and application for such permission may be made informally but shall be in writing.

The Registrar or a deputy registrar receiving a document so lodged shall forthwith send the same to the appropriate registry, at the expense of the applicant, except where the document is lodged with the Registrar and is one which, if lodged in the appropriate registry, would have been required by these Rules to be sent to the Registrar.

The Registrar or the registrar of a superior court, as the case may be, shall not refuse to accept any document on the ground that it is lodged out of time but shall mark the document "Lodged out of time" and inform the person lodging it thereof.

When a document is accepted out of time by the Registrar of a superior court, he shall inform the Registrar thereof.

Unless the nature of the document renders it impracticable, every document prepared for use in the Court shall be on foolscap paper of durable quality; only one side of the paper shall be used and a margin of not less than one and a half inches shall be left on the left side of the sheet.

All documents prepared for use in the Court shall be clear and easily legible and may be produced by printing, type lithography, stencil duplicating, photography, xerography, typewriting, writing, other appropriate technology or any combination of these media.

In every criminal appeal, the record of appeal, and, in every civil appeal, the memorandum of appeal together with the record of appeal, shall be bound in book form with a cover of stout paper and may be in more volumes than one, and the title of the appeal shall appear on the cover.

The pages of every application and, in criminal cases, of the record of appeal, and, in civil cases, of the memorandum of appeal and the record of appeal shall be numbered consecutively.

In all applications and appeals, every tenth line of each page of the record shall be indicated in the margin on the right side of the sheet.

The Registrar or the registrar of a superior court, as the case may be, may refuse to accept any document which does not comply with the requirements of rule 13.

Subject to rules 113 and 115, the Registrar or the registrar of a superior court, as the case may be, shall refuse to accept any document tendered without the required fee, if any, or, in the case of the memorandum of appeal in a civil appeal, the lodging of security for costs.

If, as the result of an error, a document is accepted which ought to have been rejected under sub-rule (2), the document shall be deemed to have been duly lodged but the person who lodged it shall, as soon as practicable after the error is discovered, pay the fee or the balance thereof or lodge the required security.

Any person who is dissatisfied with a decision of the Registrar or of the registrar of a superior court rejecting any document under the powers conferred by this rule may require the matter to be referred to a judge for his decision and an application under this subrule may be made informally at the time when the decision is given or in writing within seven days thereafter.

Any document may be signed on behalf of the person making it by any person entitled under rule 22 to appear on his behalf.

In or in relation to criminal appeals, a document may be signed on behalf of an appellant who is alleged to be of unsound mind by a person entitled under rule 22 to appear on his behalf or by any person in whose care he may be for the time being, including a medical officer, police officer or prisons officer.

Where any person obtains leave to amend any document, the document itself may be amended or, if it is more convenient, an amended version of the document may be lodged.

Where any record of appeal includes any amended document, the amendments shall similarly be shown in each copy of the record of appeal.

Where by these Rules any document is required to be served on any person, service may be effected in such way as the Court may in any case direct, and in the absence of any special direction shall be made personally on the person to be served or any person entitled under rule 22 to appear on his behalf or by any other recognized mode of service as provided under Order 5 of the Civil Procedure Rules, 2010.

Where any document is required to be served on the appellant or on the respondent and two or more appellants or respondents, as the case may be, are represented by one advocate, it shall be sufficient if one copy of that document is served on that advocate.

For the purpose of this rule, service on a partner or a clerk of an advocate at the office of the advocate shall be deemed to be service on the advocate.

Proof of service may be given where necessary by affidavit, unless in any case the Court shall require proof by oral evidence:

Provided that in the case of a person in prison, a letter purporting to be signed by the officer in charge of the prison certifying that the document was delivered to the prisoner on a specified date may be accepted as sufficient proof of service.

Where any document is required to be sent to any person, the document may be sent by hand, a licensed courier service provider approved by court or by registered post to that person or to any person entitled under rule 22 to appear on his behalf.

Notice of the date fixed for the hearing of an application or appeal or for the delivery of judgment or the reasons for any decision may be given by telephone or telegram or other electronic means approved by the court.

The vacations of the Court and the arrangements for business during vacations shall be determined by the Chief Justice and shall be advertised and notified in such manner as the Chief Justice may direct.

No business will be conducted during the vacations, unless the Chief Justice otherwise directs, except the delivery of judgments and, when the matter is shown to be of urgency, the hearing of applications and the taxation of bills.

Appeals or formal applications to the Court shall be heard in such places as the Chief Justice may from time to time designate.

Application for an appeal to be heard otherwise than in accordance with sub-rule (1) may be made informally but shall be in writing.

Subject to the provisions of rule 71, a party to any proceedings in the Court may appear in person or by advocate.

A corporation may appear either by advocate or by a director, manager or secretary thereof appointed by resolution under the seal of the company, a sealed copy of which resolution shall be lodged with the Registrar.

A person under disability may appear by advocate or by his committee, next friend or guardian ad litem as the case may be and where any person has acted as next friend or guardian ad litem in the court below for a person under disability and the person under disability becomes respondent in an appeal to the Court, the next friend or guardian ad litem may, if he desires to act as such in the appeal, lodge a consent to act as such and shall thereupon be deemed to have been duly appointed and in any other case, the Court may appoint a guardian ad litem for the purposes of an appeal and the Court may at any time remove and replace any guardian ad litem, however appointed.

Where a party to any application or appeal changes his advocate or, having been represented by an advocate, decides to act in person or, having acted in person, engages an advocate, he shall, as soon as practicable, lodge with the Registrar a notice of the change and shall serve a copy of such notice on the other party or on every other party appearing in person or separately represented, as the case may be.

An advocate who desires to cease acting for any party in a civil appeal or application, may apply by notice of motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certified copy of the order of the judge.

In any criminal application or appeal, the Chief Justice or the presiding judge may at any time assign an advocate to represent an applicant or appellant if it appears desirable in the interests of justice.

In any civil appeal involving a point of law of public importance, if the Chief Justice is satisfied that any appellant, or respondent, lacks the means to employ an advocate, the Chief Justice may, with the consent of such appellant or respondent, as the case may be, assign an advocate to represent him, and may require any such appellant, or respondent, as a condition of having an advocate assigned to him, to undertake to refund the fees and expenses of such advocate out of any money or property he may recover in or in consequence of the appeal.

The fees and expenses of an advocate assigned under the sub-rule (1) or sub-rule (2) shall be defrayed out of the funds of the Court.

The Registrar shall have power to take such action as he may think necessary to enforce any undertaking given in accordance with sub-rule (2) and any moneys so recovered shall be paid into the Consolidated Fund.

The Attorney-General and Solicitor-General shall have the right of audience before the Court and shall take precedence over all other advocates.

Every advocate who is for the time being entitled to practice before the High Court shall have the right of audience before the Court:

Provided that an advocate who has been struck off the roll of advocates or who is under suspension from practice shall have no right of audience before the Court.

Any other person entitled to appear as counsel or advocate before any court of unlimited jurisdiction, if licensed in that behalf by the Chief Justice and subject to payment of the prescribed fee, shall have the right of audience before the Court in respect of any one appeal, including any cross-appeal heard therewith, or any two or more appeals consolidated for hearing.

An advocate who intends at the hearing of any application or appeal to rely on the judgment in any reported case or to quote from any book shall lodge with the Registrar or with the deputy registrar at the place where the application or appeal is to be heard, a list containing the titles of such cases with their citations and the names, authors and editions of any such books and shall serve a copy of such list on the other party or on each other party appearing in person or separately represented, as the case may be:

Provided that a supplementary list may, when necessary, be produced at the time of the hearing.

Such list shall be in quadruplicate, except in the case of an application to be heard by a single judge, when it shall be in duplicate, and shall be lodged at least twenty-four hours before the application or appeal is due to be heard.

An advocate who intends at the hearing of any application or appeal to rely on the judgment in any unreported case shall, at or before the hearing, produce a certified or a photostat copy of such judgment and, except in the case of an application to be heard by a single judge, two other copies thereof, for the use of the Court, and, in every case, one copy for the use of the other party, or each other party appearing in person or separately represented, as the case may be.

The Court will, at the hearing of an application or appeal, hear the first applicant or appellant, then the respondent and then the applicant or appellant in reply.

At the hearing of an appeal where notice of cross-appeal has been given, the Court will ordinarily hear the appellant first on the appeal, then the respondent on the appeal and on the cross-appeal, then the appellant in reply on the appeal and on the cross-appeal and finally the respondent in reply on the cross-appeal.

The Court may dismiss but shall not allow any preliminary objection, application, appeal or cross-appeal without calling on the opposing party.

After hearing the opposing party, the Court may allow but shall not dismiss any preliminary objection, application, appeal or cross-appeal without giving the objector, applicant, appellant or cross appellant an opportunity to reply.

The provisions of this rule shall apply where notice of grounds for affirming the decision has been given, in the same way in all respects as where notice of cross-appeal has been given:

Provided that the Court may at any stage give any directions under this rule.

When additional evidence is taken by the Court, it may be oral or by affidavit and the Court may allow the cross-examination of any deponent.

When additional evidence is taken by the trial court, it shall certify such evidence to the Court, with a statement of its opinion on the credibility of the witness or witnesses giving the additional evidence; when evidence is taken by a commissioner, he shall certify the evidence to the Court, without any such statements of opinion.

The parties to the appeal shall be entitled to be present when such additional evidence is taken.

Judgment may be given at the close of the hearing of an application or appeal or reserved for delivery within 90 days unless the Court for reasons to be recorded orders otherwise.

In criminal applications (other than applications heard by a single judge) and criminal appeals, one judgment shall be given as the judgment of the court, and may be given if one judge has died, ceased to hold office, or is unable to perform the functions of his office because of infirmity of mind or body, or refuses to sign the judgment, but the presiding judge may direct that separate judgments be given.

In civil applications (other than applications heard by a single judge) and civil appeals, separate judgments shall be given by the members of the Court unless, the decision being unanimous, the presiding judge otherwise directs, but where one judge delays, dies, ceases to hold office, or is unable to perform the functions of his office because of infirmity of mind or body, separate concurring judgments may be given by the remaining members of the court.

The judgment or judgments of the Court on an application shall, where the application was heard in chambers, be delivered in chambers, and the judgment or judgments on an application heard in court and the judgment or judgments on an appeal shall be delivered in court:

Provided that the presiding judge may, in any particular case, direct that the decision of the Court only shall be so delivered and not the reasons therefor, and in such a case the judgment or judgments shall be deposited in the Registry or sub-registry in the place where the application or appeal was heard and copies thereof shall be available to the parties when the decision is delivered.

Notwithstanding sub-rule (1), the Court may at the close of the hearing of an application or appeal, give its decision but reserve its reasons and in such a case the reasons may be delivered in court or deposited in the Registry or sub-registry in the place where the application or appeal was heard within ninety days and where the reasons are so deposited, copies thereof shall be available to the parties and they shall be so informed.

Where one judgment is given at the close of the hearing as the judgment of the Court, it shall be delivered by the presiding judge or by such other member of the Court as the presiding judge may direct.

Where judgment, or the reasons for a decision, has been reserved, the judgment of the Court, or a judgment of any judge, or such reasons, as the case may be, being in writing and signed, may be delivered by any judge, whether or not he sat at the hearing.

A judgment shall be dated as of the day when it is delivered or, where a direction has been given under the proviso to sub-rule (4), as for the day when the decision was delivered.

For the purposes of this rule, "presiding judge" includes the next senior judge, where the original presiding judge has died, ceased to hold office, or is unable to perform the functions of his office by reason of infirmity of mind or body.

Every decision of the Court on an application or appeal, other than a decision on an application made informally in the course of a hearing, shall be embodied in an order.

Every such order shall be dated as of the date on which the decision was delivered and shall in addition show the date on which the order was extracted.

An order on an application shall be substantially in the Form I in the First Schedule and an order on an appeal substantially in the Form J in the Schedule.

Where a decision of the Court was given in a criminal application or appeal, the order shall be drawn up by the Registrar who, in drawing up the order, shall not be required to consult the parties or their advocates.

The order embodying the decision on an application or in a civil appeal will be issued out of the Registry or sub-registry in the place where the application or appeal was heard.

A clerical or arithmetical mistake in any judgment of the Court or any error arising therein from an accidental slip or omission may at any time, whether before or after the judgment has been embodied in an order, be corrected by the Court, either of its own motion or the application of any interested person so as to give effect to what the intention of the Court was when judgment was given.

An order of the Court may at any time be corrected by the Court, either of its own motion or on the application of any interested person, if it does not correspond with the judgment it supports to embody or, where the judgment has been corrected under sub-rule (1), with the judgment as so corrected.

The Registrar shall send to the registrar of the superior court a sealed copy of the order embodying the decision of the Court in any civil or criminal appeal from that court.

The Registrar shall, so far as is practicable, inform any party to any proceeding in the Court who was not present or represented at the hearing of the result of such proceeding.

A deputy registrar of any sub-registry shall send to the Registrar a copy of every order issued out of the sub-registry.

An application under this rule shall be made without unreasonable delay but need not be made before notice of appeal is lodged.

Subject to sub-rule (3) and to any other rule allowing informal application, all applications to the Court shall be by motion, which shall state the grounds of the application.

Every formal application to the Court shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts.

An applicant may, with the leave of a judge or with the consent of the other party, lodge one or more supplementary affidavits and application for such leave may be made informally.

Where the documents referred to in sub-rule (3) are not filed with the application, the applicant shall file and serve them at least twenty-four hours before the application is heard.

Whenever a formal application is made to the Court for leave to amend any document, the amendment for which leave is sought shall be set out in writing and, if practicable, lodged with the Registrar and served on the respondent before the hearing of the application or, if that is not practicable, handed to the Court and to the respondent at the time of the hearing.

Where the Court gives leave for the amendment of any document, whether on a formal or an informal application, the amendment shall be made or an amended version of the document be lodged within such time as the Court when giving leave may specify and if no time is so specified then within forty-eight hours of the giving of leave and on failure to comply with the requirements of this sub-rule, the leave so given shall determine.

An application to the Court shall be lodged in the appropriate registry:

Provided that where the matter is one of urgency, an application may be lodged in the Registry, notwithstanding that it is not the appropriate registry.

All subsequent documents required to be lodged in relation to an application shall, if the application is to be heard by a single judge, be lodged in the appropriate registry and in any other case, shall be lodged in the Registry.

When an application to be heard by a single judge is lodged in a sub-registry, the deputy registrar shall list it for hearing before a judge locally resident, or if there is no judge available locally, shall send it to the Registrar.

When any other application is lodged in a sub-registry, the deputy registrar shall forthwith send it to the Registrar.

Any application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or his advocate, supported by affidavit setting forth the matters upon which the applicant relies as showing that his application should be heard without delay.

The application, together with the certificate and the supporting affidavit shall be placed before a single judge, who shall peruse it, and the application shall not be set down for hearing as a matter of urgency unless the judge certifies that it is urgent.

The Registrar shall maintain, in addition to the Court register of application, a separate register of every application made as a matter of urgency which shall be numbered consecutively in each year showing the date it is made, the parties, if any, and the decision of the single judge thereon.

The provisions of this rule shall apply to the hearing of urgent applications during the term and in vacations.

The refusal by the judge to certify an application as urgent under this rule shall not be subject to a reference to the court under rule 55, but the applicant may apply informally for the matter to be placed before a single judge for hearing inter partes.

When an application is to be heard by a single judge, the application and other documents relating thereto shall be filed in duplicate, and in all other cases, in quadruplicate.

When an application is adjourned by a single judge for the determination of the Court and in any case where an application is referred to the Court under rule 55, the person applying to the Court shall before the date of the hearing by the Court file two extra copies of the application and the other documents relating thereto, including any affidavits filed by any other party prior to the adjournment or the giving of notice as the case may be.

The notice of motion and copies of all affidavits shall be served on all necessary parties not less than two clear days before the hearing:

Provided that in case of urgency, an application, other than an application under rule 115, may be made ex parte, but in any such case, if the applicant is represented by an advocate, the advocate shall sign a certificate of urgency, which shall be filed with the proceedings.

Where any person required to be served with a notice of motion gave an address for service in or in connection with the proceedings in the superior court and has given no subsequent address for service, the notice may be served on him at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of any subsequent proceedings.

Any person served with a notice of motion under rule 49 may lodge one or more affidavits in reply and shall as soon as practicable serve a copy or copies thereof on the applicant.

Any such person may, with the leave of a judge or with the consent of the applicant, lodge one or more supplementary affidavits.

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.

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.

If no application is made under sub-rule (2) within 12 months by the applicant or the respondent, the application shall abate.

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 and, if it is proved that he 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.

Every application, other than an application included in sub-rule (2), shall be heard by a single judge:

Provided that any such application may be adjourned by the judge for determination by the Court.

An application to be heard by a single judge shall be heard in open court or in chambers as the judge may direct:

Provided that where an application is made informally by letter with the consent of all parties, the judge may dispense with the appearance of the parties.

Any other application shall be heard in open court, unless the Chief Justice or the presiding judge shall otherwise direct.

At the hearing by the court of an application previously decided by a single judge, no additional evidence shall be adduced.

If on any day fixed for the hearing of an application, the applicant does not appear, the application may be dismissed, unless the Court sees fit to adjourn the hearing.

If the applicant appears and the respondent fails to appear, the application shall proceed in the absence of the respondent, unless the Court sees fit to adjourn the hearing.

Where an application has been dismissed under sub-rule (1) or allowed under sub- rule (2), the party in whose absence the application was determined may apply to the Court to restore the application for hearing or to re-hear it, as the case may be, if he can show that he was prevented by any sufficient cause from appearing when the application was called on for hearing.

An application made under sub-rule (3) shall be made within thirty days of the decision of the Court, or in the case of a party who would have been served with notice of the hearing but was not so served, within thirty days of his first hearing of that decision.

The provisions of sub-rule (1) shall not apply to any criminal application if the applicant is in prison and is not represented by an advocate and in any such case, the application shall be heard notwithstanding the absence of the applicant, unless the Court shall otherwise order.

An order made on an application to the Court may similarly be varied or rescinded by the Court.

Any person who desires to appeal to the Court shall give notice in writing, which shall be lodged in sextuplicate 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 of the date of that decision, and the notice of appeal shall institute the appeal.

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.

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.

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 his appeal.

Where a notice of appeal is signed by an advocate, he shall add after his 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.

Where the Attorney-General certifies under subsection (3) of section 379 of the Criminal Procedure Code (Cap. 75) that a sentence passed by the High Court should be revised, the certificate shall be lodged in sextuplicate with the Registrar within one month of the date of the sentence.

A notice of appeal shall be substantially in the Form B in the First Schedule hereto and shall be signed by or on behalf of the appellant.

Two additional copies of each notice of appeal shall be lodged by the appellant in the Nairobi Registry of the Court of Appeal within twenty-one days of the decision against which it is desired to appeal.

Where two or more appeals are brought from convictions or sentences passed at the same trial, they shall, unless the Court otherwise orders, be consolidated and shall proceed as one appeal.

Where two or more persons convicted by a subordinate court have appealed to a superior court where their appeals were consolidated, and any two or more of them give notice of appeal to the Court, their appeals shall, unless the Court otherwise orders, be consolidated and shall proceed as one appeal.

As soon as practicable after a notice of appeal has been lodged, the registrar of the superior court shall prepare the record of appeal.

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 where the record is produced by printing, type lithography, stencil duplicating, photography, xerography, or other electronic means approved by the court.

As soon as the record of appeal has been prepared, the registrar of the superior court shall cause a copy of it to be served on the appellant and a copy on the respondent and shall send four copies to the Registrar.

The registrar of the superior court shall at the same time send to the Registrar the original record of proceedings; in the superior court, the original documentary exhibits in the superior court, other than any of great bulk, and a copy of the record of the preliminary inquiry, if any, but shall not send any exhibits other than documentary ones, unless requested to do so by the Registrar.

The registrar of the superior court shall ensure so far as practicable that all other exhibits are available for inspection by the Court at the hearing of the appeal.

The appellant shall within fourteen days after service on him of the record of appeal lodge a memorandum of appeal, in quintuplicate, with the Registrar or with the deputy registrar at the place where the appeal is to be heard:

Provided that where the memorandum of appeal is lodged with the deputy registrar at the place where the appeal is to be heard the appellant shall lodge two additional copies with the Registrar within twenty-one days after service on him of the record of appeal.

The memorandum of appeal shall set forth concisely and under distinct heads numbered consecutively, without argument or narrative, the grounds of objection to the decision appealed against, specifying, in the case of a first appeal, the points of law or fact and, in the case of any other appeal, the points of law, which are alleged to have been wrongly decided.

The Registrar or the deputy registrar, as the case may be, shall as soon as practicable cause a copy of the memorandum of appeal to be served on the respondent.

A memorandum of appeal shall be substantially in the Form C in the First Schedule and shall be signed by or on behalf of the appellant.

If no memorandum of appeal is lodged within the prescribed time, the Court may dismiss the appeal or may direct that it be set down for hearing:

Provided that where an appeal is dismissed under this sub-rule, the appellant, if he can show sufficient cause, may apply to the Court to restore it for hearing.

The appellant may at any time with the leave of the Court lodge a supplementary memorandum of appeal.

An advocate who has been assigned by the Chief Justice or the presiding judge to represent an appellant may within fourteen days after the date when he is notified of his assignment and without requiring the leave of the Court, lodge a memorandum of appeal on behalf of the appellant as supplementary, to or in substitution for any memorandum which the appellant may have lodged.

Any person lodging a supplementary memorandum under this rule shall cause a copy thereof to be served on the respondent.

An appellant or, where the appellant is the State, a respondent who does not intend to appear in person or by advocate at the hearing of the appeal may lodge with the Registrar or with the deputy registrar at the place where the appeal is to be heard a statement in writing of his argument’s in support of or in opposition to the appeal, as the case may be.

Every such statement shall be signed by or on behalf of the appellant or respondent, as the case may be, and shall be lodged in quintuplicate at the time of or within fourteen days after lodging the memorandum of appeal.

A person who has lodged a statement under this rule may with leave of the Court, address the Court at the hearing of the appeal.

On receipt of a statement under sub-rule (1), the Registrar or deputy registrar shall forthwith send one copy of the statement to the other party.

If the appellant is in prison, he shall be deemed to have complied with the requirements of rules 59, 64, 65 and 66 or any of them if he gives to the officer in charge of such prison the notice of appeal, memorandum of appeal or statement, provided for in those rules respectively.

An officer in charge of a prison receiving a notice or statement under this rule shall forthwith endorse the same with the date and time of receipt.

An appeal may be withdrawn at any time before hearing by notice in writing to the Registrar signed by the appellant, and upon such notice being given the appeal shall be deemed to have been dismissed.

When any appeal is withdrawn, the Registrar shall forthwith notify the respondent and the registrar of the superior court.

An appeal which has been withdrawn may be restored by leave of the Court on the application of the appellant if the Court is satisfied that the notice of withdrawal was induced by fraud or mistake and that the interests of justice require that the appeal be heard.

An appeal may be withdrawn by an informal application in court at any time before the hearing is concluded.

For the purpose of sub-rule (1)(b), the appellant shall be deemed to have received notification four days after it has been dispatched by the registrar of the superior court to the appellant or advocate of the appellant at the address stated in the notice of appeal.

The Registrar shall cause notice to be given to the appellant and to the respondent of the time and place at which an appeal will be heard.

Such notice shall be given not less than seven days before the date appointed for the hearing, unless in any case the Chief Justice or the presiding judge shall otherwise direct.

The appellant and the respondent shall be entitled to be present at the hearing of the appeal:

Provided that an appellant or respondent who is in prison other than an appellant under sentence of death not represented by an advocate, shall, unless in any particular case the Court otherwise directs, be so entitled only on terms of paying the expenses of his transport and that of his escort to and from the Court.

Where an appellant is represented by advocate or has lodged a statement under rule 66 or is in prison, it shall not be necessary for him to attend personally the hearing of his appeal, unless the Court shall order his attendance:

Provided that if an appellant is on bail, he shall attend the hearing of his appeal or, with the leave of the Registrar, shall before the time of hearing attend at the superior court at the place where the bail bond was executed and submit himself to the order of such court pending disposal of the appeal.

Where an appellant is in prison and has stated that he does not intend to appear at the hearing of his appeal, the appeal shall be heard in his absence, unless the Court shall order his attendance.

Subject to sub-rule (3), if on the day fixed for the hearing of an appeal the appellant does not appear in person or by advocate and has not lodged a statement under rule 66, the appeal may be dismissed or may be heard in his absence:

Provided that where an appeal has been dismissed under this sub-rule, the Court may restore it for hearing if it is satisfied that the appellant was prevented by any sufficient cause from appearing when the appeal was called for hearing.

If on the day fixed for the hearing of an appeal the appellant does not appear in person or by advocate, and it appears to the court that the appellant is no longer in custody and cannot be traced, or cannot be traced without an amount of delay or expense which, in the circumstances of the case, the Court considers unreasonable, the Court may, if it appears that no injustice will be done thereby, order that the appeal shall abate:

Provided that in such a case the appellant may apply to the court to restore the appeal for hearing and the Court may, if it considers that the ends of justice so require, restore the appeal for hearing.

Where, under the provisions of section 379(5) of the Criminal Procedure Code (Cap. 75) the Attorney-General has filed a certificate that the determination of a trial involved a point of law of exceptional public importance and that it is desirable in the public interest that it should be determined by the Court, the Attorney-General shall within thirty days thereafter lodge with the Registrar in sextuplicate a record containing the information, the judgment of the superior court and such parts of the proceedings before the superior court as arc necessary to enable the Court to review the case and shall inform His Court whether or not he desires to be heard thereon.

The Registrar shall cause one copy of the certificate and of the record to be served on the person who was acquitted and require him to inform the Court, within fourteen days, whether or not he desires to be heard in the matter.

Where both the Attorney-General and the person who was acquitted desire to be heard, the provisions of these Rules relating to the hearing of criminal appeals shall thereafter apply so far as they are appropriate, with such modification as may be necessary.

An application for review shall not abate on the death of the person who was acquitted.

Any person who desires to appeal to the Court shall give notice in writing, which shall be lodged in duplicate with the registrar of the superior court.

Every such notice shall, subject to rules 84 and 97, be so lodged within fourteen days of the date of the decision against which it is desired to appeal.

Every notice of appeal shall state whether it is intended to appeal against the whole or part only of the decision and where it is intended to appeal against a part only of the decision, shall specify the part complained of, shall state the address for service of the appellant and shall state the names and addresses of all persons intended to be served with copies of the notice.

When an appeal lies only 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 leave or certificate before lodging the notice of appeal.

where it is intended to appeal against a decree or order, it shall not be necessary that the decree or order be extracted before lodging notice of appeal.

A notice of appeal shall be substantially in the Form D in the First Schedule and shall be signed by or on behalf of the appellant.

An intended appellant shall, before or within seven days after lodging notice of appeal, serve copies thereof on all persons directly affected by the appeal:

Provided that the Court may on application, which may be made ex parte, within seven days after lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court.

Where any person required to be served with a copy of a notice of appeal gave any address for service in or in connection with the proceedings in the superior court, and has not subsequently given any other address for service, the copy of the notice of appeal may be served on him at that address, notwithstanding that it may be that of an advocate who has not been retained for the purpose of an appeal.

A notice of address for service shall be substantially in the Form E in the First Schedule and shall be signed by or on behalf of the person lodging it.

The lodging and service of an address for service shall not operate or be construed as an admission that the appeal is competent or as a waiver of any irregularity.

Where two or more parties have given notice of appeal from the same decision, the second and all subsequent notices to be lodged shall be deemed to be notices of address for service within the meaning of rule 79 and the party or parties giving those notices shall be respondents in the appeal.

A party whose notice of appeal is deemed to be a notice of address for service shall not be required to comply with rule 79 if he has served copies of his notice of appeal on all persons on whom under that role he would have been required to serve notice of his address for service.

An appellant shall not be entitled to rely on the proviso to sub-rule (1) unless his application for such copy was in writing and a copy of it was served upon the respondent.

The period limited by sub-rule (1) for the institution of appeals shall apply to appeals from superior courts in the exercise of their bankruptcy jurisdiction.

An appeal shall not be instituted in the name of a person who is dead but may be instituted in the name of his legal representative.

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.

A memorandum of appeal shall set forth concisely and under distinct heads, without argument or narrative, the grounds of objection to the decision appealed against, specifying the points which are alleged to have been wrongly decided, and the nature of the order which it is proposed to ask the Court to make.

The grounds of objection shall be numbered consecutively.

A memorandum of appeal shall be substantially in the Form F in the First Schedule and shall be signed by or on behalf of the appellant.

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.

The documents mentioned in sub-rule (1) shall be bound in the order in which they are set out to that sub-rule 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.

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 his behalf.

For the purposes of an appeal to the Court against any decree or order it shall not be necessary for the amount of any costs ordered to be paid to be stated therein, and such decree or order shall be deemed to be duly drawn up and extracted if in addition to other matters required to be embodied therein it sets out the order or orders for costs but not the result of any taxation.

Where leave to appeal or for a certificate that a point of law of general public importance is involved has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave or a certificate has been given or refused shall be included in the decree or order.

The appellant shall, before or within seven days after lodging the memorandum of appeal and the record of appeal in the appropriate registry, serve copies thereof on each respondent who has complied with the requirements of rule 79.

The appellant shall also serve copies of the memorandum of appeal and the record of appeal on such other parties to the original proceedings as the Court may at any time on application or of its own motion direct and within such time as the Court may appoint.

When an appeal has been instituted in the Registry, the Registrar shall obtain from the register of the superior court the original record of the proceedings of the superior court, and so far as is practicable, the exhibits.

If a respondent is of the opinion that the record of appeal is defective or insufficient for the purposes of his case, he may lodge in the appropriate registry four copies of a supplementary record of appeal containing copies of any further documents or any additional parts of documents which are, in his opinion, required for the proper determination of the appeal.

The respondent shall as soon as practicable after lodging a supplementary record of appeal, serve copies of it on the appellant and on each other respondent who has complied with the requirements of rule 79.

An appellant may at any time lodge in the appropriate registry four copies of a supplementary record of appeal and shall as soon as practicable thereafter serve copies of it on every respondent who has complied with requirements of rule 79.

A supplementary record of appeal shall be prepared as nearly as may be in the same manner as a record of appeal.

A respondent who desires to contend at the hearing of the appeal that the decision of the superior court or any part thereof should be varied or reversed, either in any event or in the event of the appeal being allowed in whole or in part, shall give notice to that effect, specifying the grounds of his contention and the nature of the order which he proposes to ask the Court to make, or to make in that event, as the case may be.

A notice given by a respondent under this rule shall state the names and addresses of any persons intended to be served with copies of the notice and shall be lodged in quadruplicate in the appropriate registry not more than thirty days after service on the respondent of the memorandum of appeal and the record of appeal or not less than thirty days before the hearing of the appeal, whichever is the later.

A notice of cross-appeal shall be substantially in the Form G in the First Schedule and shall be signed by or on behalf of the respondent.

A respondent who desires to contend on an appeal that the decision of the superior court should be affirmed on grounds other than or additional to those relied upon by that court shall give notice to that effect, specifying the grounds of his contention.

A notice given by the respondent under this rule shall state the names and addresses of any persons intended to be served with copies of the notice and shall be lodged in quadruplicate in the appropriate registry not more than thirty days after service on the respondent of the memorandum of appeal and the record of appeal, or not less than thirty days before the hearing of the appeal, whichever is the later.

A notice of grounds for affirming a decision shall be substantially in the Form H in the First Schedule and shall be signed by or on behalf of the respondent.

A respondent who desires to contend at the hearing of the appeal that part of the decision of the superior court should be varied or reversed and that part of that decision should he affirmed on grounds other than or additional to those relied upon by that court may include both such contentions in a notice of cross-appeal under rule 90 and shall not be required to give notice also under this rule.

The provisions of sub-rules (1), (2) and (3) of this rule and those of rule 95 shall apply mutatis mutandis to an appellant who desires to contend in opposition to a cross-appeal that the decision of the superior court should be affirmed on grounds other than or additional to those relied on by that court.

A respondent who intends to cross-appeal or to contend that the decision of the superior court should be affirmed on grounds other than those relied on by that court shall, before or within seven days after lodging his notice of cross-appeal or notice of grounds for affirming the decision, as the case may be, serve a copy thereof on the appellant and copies thereof on all other person directly affected by the cross-appeal or by the appeal, as the case may be.

The respondent shall also serve copies of the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be, on such other parties to the original proceedings as the Court may at any time on application or of its own motion direct and within such time as the Court may appoint.

An appellant may at anytime after instituting his appeal and before the appeal is called on for hearing lodge in the appropriate registry notice in writing that he intends to withdraw the appeal.

The appellant shall within seven days after lodging the notice of withdrawal, serve copies thereof on each respondent who has complied with the requirements of rule 79.

If all the parties to the appeal consent to the withdrawal of the appeal the appellant shall file, in the appropriate registry, a consent letter signed by the parties or their advocates and thereupon the appeal shall be struck out of the list of pending appeals.

If all the parties to the appeal do not consent to the withdrawal of the appeal, the appellant may before the conclusion of its hearing apply for leave to withdraw the appeal.

An application for withdrawal of the appeal after the commencement of the hearing may be made informally in court.

If an appeal is withdrawn under rule 96 after notice of cross-appeal has been given, the respondent who gave the notice may withdraw it within fourteen days of the service on him of the notice of withdrawal; if it is not so withdrawn, the cross-appeal shall proceed to hearing and the provision of these Rules shall apply as if the cross-appellant were an appellant and the appellant a respondent.

If an appeal is withdrawn under rule 96 within fourteen days of the date when the appeal was instituted, any respondent who has not lodged a notice of cross-appeal shall be entitled to give notice of appeal notwithstanding that the time limited by rule 75 has expired, if he does so within fourteen days of the date when the appellant’s notice of withdrawal was served on him.

A respondent who has given notice of cross-appeal or notice of grounds for affirming the decision of the superior court may withdraw the same at any time before the appeal is called on or hearing by lodging in the appropriate registry notice in writing to that effect, signed by him or on his behalf.

The respondent shall, before or as soon as practicable after lodging the notice of withdrawal, serve a copy thereof on the appellant and copies thereof on all other respondents who were served with the notice of cross-appeal or notice of grounds for affirming the decision, as the case may be.

An appeal shall not abate on the death of the appellant 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.

If no application is made under sub-rule (1) within twelve months from the date of death of the appellant or respondent, the appeal shall abate.

The person claiming to be the legal representative of a deceased party to an appeal may apply for an order to revive an appeal which has abated; and, if it is proved that the legal representative prevented by sufficient cause from continuing the appeal, the court shall revive the appeal upon such terms as to costs or otherwise as it deems fit.

Any party to an appeal who does not intend to appear in person or by advocate at the hearing of the appeal may lodge in the appropriate registry written submissions of the arguments in support of or in opposition to the appeal or the cross-appeal if any, as the case may be and shall before or within seven days after lodging it serve a copy of it on the other party or on each other party appearing in person or separately represented.

An appellant who has lodged written submissions under sub-rule (1) may, if served with notice of a cross-appeal, lodge supplementary submissions of the arguments in opposition to it within fourteen days of service.

A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the appeal.

If on any day fixed for the hearing of an appeal the appellant does not appear, the appeal may be dismissed and any cross-appeal may proceed, unless the Court sees fit to adjourn the hearing:

Provided that where an appeal has been so dismissed or any cross-appeal so heard has been allowed, the appellant may apply to the Court to restore the appeal for hearing or to re-hear the cross-appeal, if he can show that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing.

If the appellant appears and the respondent fails to appear the appeal shall proceed in the absence of the respondent and any cross-appeal may be dismissed, unless the Court sees fit to adjourn the hearing:

Provided that where an appeal has been allowed or cross-appeal dismissed in the absence of the respondent, he may apply to the Court to re-hear the appeal or to restore the cross-appeal for hearing, if he can show that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing.

An application for restoration under the proviso to sub-rule (1) or the proviso to sub- rule (2) shall be made within thirty days of the decision of the Court, or in the case of a party who should have been served with notice of the hearing but was not so served, within thirty days of his first hearing of that decision.

For the purposes of this rule, a party who has lodged a statement under rule 100 shall be deemed to have appeared.

The fee payable on lodging any document shall be payable at the time when the document is lodged.

The Registrar or registrar of a superior court may require the payment in advance of the fee for any other service or, where the amount of the fee cannot conveniently be ascertained when the service is requested, may require a deposit towards it and any fee so paid in advance or deposit made shall be refunded if the request for the service is cancelled before, the service has been undertaken.

Subject to rule 115, there shall be lodged in Court on the institution of a civil appeal as security for the costs of the appeal the sum of two thousand shillings.

Where an appeal has been withdrawn under rule 96 after notice of cross-appeal has been given, the Court may, on the application of any person who is a respondent to the cross-appeal, direct the cross-appellant to lodge in Court as a security for costs the sum of two thousand shillings or any specified sum less than two thousand shillings, or may direct that the cross-appeal be heard without security for costs being lodged.

The Court may at any time if it thinks fit, direct that further security for costs be given and may direct that security be given for the payment of past costs relating to the matters in question in the appeal.

Where security for costs has been lodged, the Registrar may pay out the same either by consent of the parties or in conformity with the decision of the Court and having regard to the rights of the parties thereunder.

When making any decision as to the payment of costs, the Court may assess the same or direct them to be taxed and any decision as to the payment of costs, not being a decision whereby the amount of the costs is assessed, shall operate as a direction that the costs be taxed.

For the purpose of execution in respect of costs, the decision of the court directing taxation and the certificate of the taxing officer as to the result of such taxation shall together be deemed to be a decree.

The Registrar shall be a taxing officer with power to tax the costs arising out any application or appeal to the Court as between party and party.

Such costs shall be taxed in accordance with the rules and scale set out in the Third Schedule.

The remuneration of an advocate by his clients in respect of application or appeal shall be governed by the rules and scales to proceedings in the High Court.

Any person who is dissatisfied with a decision of the Registrar in his capacity as taxing officer may require any matter of law or principle to be referred to a judge for his decision and the judge shall determine the matter as the justice of the case may require;

and for the purpose of this sub rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over-riding discretion given him by paragraph 12 of the Third Schedule shall be deemed to involve a matter of principle.

Any person who contends that a bill of costs as taxed is, in all the circumstances, manifestly excessive or manifestly inadequate, may require the bill to be referred to a judge and the judge shall have power to make such deduction or addition as will render the bill reasonable and except as in this sub-rule provided, there shall be no reference on a question of quantum only.

An application for a reference may be made to the Registrar informally at the time of taxation or by writing within seven days thereafter.

A reference to a judge may be adjourned by him for the consideration of the Court.

Any person dissatisfied by the decision of a judge given under sub-rule (1) or sub- rule (2) may apply to the Court to vary, discharge or reverse the same and such application, may be made either informally to the judge at the time of the decision or by writing to the Registrar within seven days of the time.

An application for an order under sub-rule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he would be required to pay as fees or to deposit in respect thereof:

Provided that a judge of a superior court may entertain any such application out of time if it shall appear to him that there was sufficient cause for the delay in making the same.

No fee shall be payable on the lodging of any such application.

A judge of a superior court considering the means of an applicant may rely on a report made to him by the Registrar.

A judge of a superior court, making an order under sub-rule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the memorandum of appeal.

An order allowing or dismissing an application under sub-rule (1) shall be final:

Provided that the decision by the judge of the superior court that an appeal raises or does not raise a question of law proper for determination by the Court shall be conclusive of that question only in relation to the application.

The Registrar shall be entitled to be heard on any such application.

No fee shall be payable on the lodging of any such application.

The Registrar shall have power to take such action as he may think necessary to enforce any undertaking given in accordance with sub-rule (1).

These Rules apply to the conduct of appeals from decisions of the High Court in election petitions and matters relating thereto.

Where there is no applicable provision in these Rules, the provisions of the Court of Appeal Rules, 2010 relating to civil appeals shall apply to an election petition appeal in so far as they are not inconsistent with these Rules.

Where there is a conflict between these Rules and the Court of Appeal Rules, 2010 on matters relating to election petition appeals, the provisions of these Rules shall prevail.

A decision of the Court that a provision of one set of Rules prevails over another provision does not invalidate the latter provision, but the latter provision shall be inoperative to the extent of the inconsistency.

A person who desires to appeal to the Court shall file a notice of appeal, which shall be lodged in quadruplicate in the registry.

A notice of appeal shall be filed within seven days of the date of the decision appealed against.

It shall not be necessary that the decree or order be extracted before lodging a notice of appeal.

A notice of appeal shall be substantially in the Form EPA 1 set out in the Schedule and shall be signed by or on behalf of the appellant.

The appellant shall serve the notice of appeal upon all affected parties within five days from the date of filling the notice.

A person served with a notice of appeal shall file and serve upon all the other parties a notice of address for service within five days from the date of service of the notice of appeal.

The Court may direct that the notice of appeal be served on any person who is not a party and may make such interim orders as the Court considers just.

A judge or Registrar 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.

The documents mentioned in sub-rule (1) shall be bound in the order in which they are set out in that sub-rule 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 an application shall be bound immediately following the application.

Each copy of the record of appeal shall be certified to be correct by the appellant or by any person entitled to appear on his behalf.

Where the High Court does not avail any of the documents required under sub rule (1), the appellant may proceed to file the record of appeal and a supplementary record of appeal within seven days thereafter.

The record of appeal shall be filed within thirty days from the date of the judgment of the High Court.

The appellant shall serve a copy of the record of appeal on all the parties named in the notice of appeal within five days of filing of the record of appeal.

A respondent who desires to contend at the hearing of an appeal that the decision of the High Court or any part thereof should be varied or reversed, either in any event or in the event of the appeal being allowed in whole or in part, shall give notice to that effect, specifying the grounds of his contention and the nature of the order which he proposes to ask the Court to make, as the case may be.

A respondent who desires to contend on an appeal that the decision of the High Court should be affirmed on grounds other than or additional to those relied upon by that court shall give notice to that effect, specifying the grounds of his contention.

A notice given by a respondent under this rule shall state the names and addresses of any persons intended to be served with copies of the notice and shall be lodged in quadruplicate with the Registrar within seven days after service on the respondent of the record of appeal.

A notice of grounds for affirming a decision shall be substantially in the Form EPA 2A in the Schedule and shall be signed by or on behalf of the respondent.

The Registrar shall maintain an Election Appeals Register, in which shall be entered particulars of every election petition appeal to the Court.

The register under sub rule (1) shall show the number of the election petition appeal, the number of the petition in the High Court, the names of the parties and the dates when the essential steps in the proceedings were taken.

The register shall also contain, against the entry relating to each appeal, a reference to every application made in relation to that appeal, whether made before or after the institution of the appeal.

The Court may, for sufficient reason, extend or reduce the timelines prescribed by these Rules upon such terms and conditions it may deem just and expedient, and a reference in these Rules to any time shall be construed as a reference to that time as extended or reduced.

Sub-rule (1) does not apply to timelines set by the Constitution and the Elections Act, 2011.

The filing and service of a notice of appeal stays the execution of any judgment, decree, order or direction from the High Court pending the determination of the appeal.

Sub-rule (1) shall cease to apply if no record of appeal is filed within thirty days from the date of the judgment of the High Court.

A person affected by an election petition appeal may, within seven days from the date of service of the notice of appeal or record of appeal, as the case may be, apply to the Court to strike out the notice or the record of appeal on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the time prescribed by these Rules.

Where no application is filed within the period stipulated under sub-rule (1), a person may not raise the issue later.

Within twenty-one days of the filing of the record of appeal, the Court shall schedule a pre-hearing conference.

Save in exceptional circumstances as may be determined by the Court, the hearing of a petition once commenced shall proceed uninterrupted on a day-to-day basis until its conclusion

Despite sub-rule (1), the Court may, where circumstances demand, adjourn for not more than five consecutive days.

The appellant shall, upon filing an appeal, deposit a sum of five hundred thousand shillings as security for costs of the appeal.

If no security is given, the Court may, on its own motion or on an application by the respondent, issue an order directing the dismissal of the appeal and for payment of the respondent's costs.

The Court may, at any time if it thinks fit, direct that security be given for the payment of past costs relating to the matters in question in the appeal.

The Registrar may pay costs from the sum deposited as security for costs either by consent of the parties or in conformity with the decision of the Court and having regard to the rights of the parties thereunder.