The process of filing appeals is a fundamental judicial process, providing individuals and organizations with a structured mechanism to challenge decisions they deem unfair or incorrect. The procedures for submitting appeals, the specific timeframes within which appeals must be made, and the hierarchical jurisdiction that oversees and adjudicates these appeals. Understanding these elements is essential to ensure fairness, and efficiency in the appeals process.

APPEALS IN CIVIL AND OTHER PROCEEDINGS

I. FROM PRIMARY COURT TO DISTRICT COURT

Decisions from primary courts may be appealed to the district courts, initiated by petition within (30) thirty days of the decision. The district court can hear additional evidence, confirm, reverse, amend decisions, or quash proceedings and order a case to be reheard de novo or before another court

II. FROM DISTRICT COURT TO HIGH COURT

Appeals from district courts are further taken to the High Court within (30) thirty days of the decision, with the possibility of extension at the discretion of the High Court. The High Court, in turn, functions as appellate authority, with the power to confirm, reverse, or vary decisions, order retrials, or quash proceedings, appeal to the High Court IS through petition

III. FROM HIGH COURT TO COURT OF APPEAL

A notice of appeal must be lodged with the Registrar of the High Court within (30) thirty days of the decision being challenged. This notice should clearly specify whether the appeal is against the whole decision or part of it, and if part only, which part is contested. When an appeal is based solely on a legal point or with a certificate that a point of law is involved, prior leave or certification is not required for lodging the notice
The Registrar then promptly transmits a copy of the notice to the appropriate registry. Respondents, upon being served, must within fourteen days lodge a full and sufficient address for service and serve copies of this address on all other parties involved. An appeal is formally instituted by lodging a memorandum of appeal, the record of appeal, and security for costs within (60) sixty days of lodging the notice of appeal.

A party may apply to withdraw their notice of appeal before the appeal is formally instituted.

Respondents or others may apply to strike out a notice or appeal if they believe it is not valid or if procedural steps were not properly taken.

If a party has requested a copy of the proceedings from the High Court, the time for instituting the appeal is extended by the period taken for preparation and delivery of that copy, provided the application was in writing and served on the respondent.

Respondents wishing to oppose or vary the decision can lodge a notice of cross-appeal or grounds for affirming the decision within (30) thirty days after being served with the appeal documents. These notices must specify the grounds and be signed and filed in the appropriate registry. The record must be served on all respondents within (7) seven days of lodging.

SPECIAL PROVISIONS AND DELEGATED JURISDICTION

The Minister, after consultation with the Chief Justice and the Attorney-General, may delegate appellate jurisdiction to resident magistrates for specific categories of cases or individual cases, allowing for more accessible appellate processes at lower levels of the judiciary. Such magistrates, exercising extended jurisdiction, may hear and determine appeals as if they were judges of the High Court, subject to limitations and restrictions.
NB:

The Resident Magistrate court does not have appellate jurisdiction to receive appeals.

To file an appeal under the Civil Procedure Code where the period of limitation is not otherwise provided for by any written law shall be (90) ninety days.

For the readmission of an appeal dismissed for want of prosecution is (30) thirty days.

In calculating the limitation period for an appeal or application for leave to appeal, the Day of Judgment and the time needed to obtain a copy of the decree or order are excluded.

CONSEQUENCES OF APPEALS AND PROCEDURAL LIMITATIONS IN CIVIL MATTERS

In civil matters, appeals can have significant consequences, procedural limitations, such as strict time frames for lodging notices and documents, requirements for concise grounds of appeal, and the necessity of obtaining leave or certificates for certain appeals, can restrict parties' ability to challenge decisions effectively. Failure to adhere to these procedural rules may result in dismissal of the appeal, deemed withdrawal, or delays that undermine the pursuit of justice. Moreover, the Court's discretion to dismiss appeals for non-compliance or procedural irregularities emphasizes the importance of strict adherence to procedural rules to ensure the efficiency and fairness of the appellate process.

APPEALS IN CRIMINAL PROCEEDINGS AND RIGHTS

A. FROM PRIMARY COURT TO DISTRICT COURT

In criminal cases, a person convicted by a Primary Court can appeal to the District Court within 30 days by filing a petition, with the court. Either be an accused/ acquitted person or the Director of Public Prosecutions may appeal.
However, an accused who pleads guilty generally cannot appeal against conviction, only against sentence or compensation orders.

B. FROM DISTRICT COURT TO HIGH COURT

In criminal appeals, a convicted person can further appeal to the High Court from the District Court, which can confirm, reverse, modify decisions, order new hearings, or release on bail and suspend sentences pending appeal, with orders recorded and sent to the original court.
The person must give notice of intention to appeal to the High Court within (10) ten days or (3) three days for corporal punishment) of the finding, sentence, or order, and lodge the appeal petition within (45) forty-five days, excluding the time needed to obtain copies of the proceedings, judgment, or order made/ passed by a subordinate court.

C. FROM HIGH COURT TO COURT OF APPEAL

Notice of appeal must be lodged within (30) thirty days from the decision being challenged. It should clearly state the nature of the decision being appealed, whether it is an acquittal, conviction, sentence, or other orders. Appeals based solely on a legal point or with leave do not require prior certification or leave before filing.
The appellant is then required to lodge a concise memorandum of appeal within (21) twenty-one days of being served with the record, outlining the grounds of objection without argument or narrative.
NB:

If the appellant is in prison, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court.

No appeal is allowed in the case of any accused person who has pleaded guilty and has been convicted on such plea by a subordinate court except as to the extent or legality of the sentence.

Except with the leave of the High Court, no appeal is allowed in cases in which a subordinate court has passed a sentence of a fine not exceeding one thousand shillings only, or of corporal punishment only imposed on a person under sixteen years of age, or from a sentence of imprisonment in default of the payment of a fine if no substantive sentence of imprisonment has been passed.

If multiple persons are jointly tried and wish to appeal, they may submit either separate notices or a joint notice, which can include grounds common to all or specific to individual appellants.

If the appellant is in prison, certain procedures are adjusted, allowing them to submit notices and documents through prison officers, with the time limits calculated excluding periods while the appellant is in custody.

CONSEQUENCES OF APPEALS AND PROCEDURAL LIMITATIONS IN CRIMINAL MATTERS

In criminal cases, may lead to death sentences, except for fines or compensation orders, so they must be pursued quickly. The High Court can quickly dismiss appeals that lack enough evidence or doubt of guilt. However, its power to change decisions is limited to ensure fairness and prevent unfair increases in sentences or convictions without giving the accused a chance to be heard.

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