How long does an Appeal case take in Kenya?
As per the Civil Procedure Rules, a party has 14 days with in which to file an appeal to the higher court for determination.
What is the difference between High Court and Court of Appeal?
The high court is vested with the appellate power in regard to determining matters submitted to it from subordinate courts, such an appeal may be from the Resident magistrate court or the district court. An appeal to the high court can be on points of law or on points of facts, or on both facts and law.
What is justice of Appeal?
The Criminal Division hears appeals from the Crown Court. The Heads of Division and Lords Justices of Appeal also sit on occasion with one or more High Court Judges in the Divisional Court, which hears appeals to the High Court from magistrates’ courts and certain judicial review cases at first instance.
How many judges are in appellate Court in Kenya?
The court comprises a maximum of 30 Judges. The Judges of the Court of Appeal elect a President from among themselves. The Court of Appeal has been decentralized and currently has a total of six registries namely; Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret. Court of Appeal of Kenya Practice Directions.
Who heads the Court of Appeal?
Hon Justice Dongban-Mensem transferred his service to the Federal Capital Territory (FCT) Judiciary in 1997, where he served until he was elevated to the Court of Appeal in 2003. He was sworn-in as the President, Court of Appeal, on 19th June, 2020, by the Chief Justice of Nigeria.
What happens after an Appeal is granted?
After an appeal is granted, most often the appellate court will remand the case back to the trial court with instructions on how to fix the errors that the lower court made. If the errors tainted the verdict, the appellate court can order a new trial. This is often the state’s Supreme Court or the U.S. Supreme Court.
How many types of appeals are there?
Appeals may be broadly classified into two kinds: First appeal; and. Second appeal.
Why are appeals necessary?
The court determining an appeal will correct errors by the trial judge and the right of appeal ensures that, as far as possible, courts arrive at correct decisions. It is vital the right exists as it ensures that if a judge does make an error of law or fact the means exist to correct it.
Which is the lowest Court in Kenya?
The Supreme Court is the highest Court in the Judiciary while the lowest Court is the Magistrates court. The court hears and determines cases relating to presidential elections.
Who heads High Court in Kenya?
Hon Lady Justice Lydia Achode, Principal Judge, High Court of Kenya.