Judgment has gone against you at the High Court. The next fortnight matters more than the next argument: appellate practice in Kenya is governed by deadlines, and the first one arrives quickly.
Which High Court decisions can be appealed?
The Court of Appeal, established under the Judicature Act (kenyalaw.org), hears appeals from the High Court in civil matters. A first appeal is heard by way of rehearing: the appellate court re-evaluates the evidence and may disturb findings of fact, though it defers to the trial judge on questions of credibility. A second appeal lies on matters of law only. Interlocutory decisions may also be appealable, sometimes with leave, and the correct route depends on the order made.
What are the key steps and deadlines?
- File a notice of appeal within fourteen days of the decision, as the Court of Appeal Rules require.
- Obtain certified proceedings and assemble the record of appeal within the periods the rules prescribe.
- Lodge the memorandum of appeal setting out the grounds, with the prescribed fees.
- Serve the respondent, who may file a cross-appeal within the same window.
What should you assess before appealing?
Three questions: whether the grounds engage an error of law or a genuine misappreciation of the evidence; whether the appeal is proportionate to the amount in dispute, given that costs follow the event at every level; and whether interim relief, a stay of execution, for instance, is needed while the appeal is pending, since filing an appeal does not automatically suspend a judgment. Appeals are decided on the record, so gaps in the trial record are rarely repaired afterwards.
Where the underlying dispute turns on how a contract was drafted, our commercial contracts practice can assess whether the proposed ground is really a drafting point for next time. The Judiciary’s website (www.judiciary.go.ke) carries cause lists and practice directions, and our practice areas page sets out how we approach commercial appeals. Framing grounds cleanly at the outset is more valuable than volume: three focused grounds persuade better than ten scattered ones.
For guidance on your specific situation, contact CS Advocates LLP, call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.