How many copies of a Record of Appeal must be filed in the Kenyan Court of Appeal?

Rule 82(1) of the Court of Appeal Rules requires the appellant to file the Record of Appeal in quadruplicate (four copies). This is separate from the number of copies of written submissions, which the 2015 Practice Directions set at four copies for a three-judge bench and six copies for a five-judge bench.

What is the time limit for filing a Record of Appeal in Kenya?

For civil appeals, the Record of Appeal must generally be filed within 60 days of lodging the notice of appeal, subject to any extension granted by the court. Criminal appeal timelines differ; check the specific rules applicable to your matter.

Does every document in the Record of Appeal need to be tenth-lined?

Yes. The Court of Appeal Practice Directions require every tenth line of every document to be numbered in the right-hand margin. This applies to the entire Record, not just the memorandum of appeal.

What happens if the Record of Appeal is not properly formatted?

The court registry may refuse to accept a non-compliant Record of Appeal. In serious cases, the appeal may be struck out. At minimum, you will be required to re-file, which risks missing deadlines.

Record of Appeal Format Checklist – Kenya Court of Appeal

Record of Appeal format checklist for Kenya Court of Appeal filings — Interactive Record of Appeal checklist covering all formatting and filing requirements for the Kenya Court of Appeal

Preparing a Record of Appeal is one of the most time-consuming tasks in appellate practice. The documents come from multiple sources: the trial court, your client, opposing counsel. By the time you are binding everything together, it is easy for a formatting requirement to slip through.

This checklist covers every formatting requirement for a Court of Appeal Record of Appeal in Kenya. Work through it before you go to the registry, not at the counter. Items marked Critical are the most common reasons for rejection. Your progress is saved automatically in your browser.

Governing rules: Rule 87 of the Court of Appeal Rules, 2010 and the Court of Appeal Practice Directions, pursuant to Section 3A and 3B of the Appellate Jurisdiction Act (Cap. 9). Cross-reference: Supreme Court Rules, 2020 for matters before the Supreme Court (same formatting standards apply).

0 / 0

📋

Document Order (Rule 87)

Index is the first document in the Record Critical The index must list every document included with its page number in the Record. Copy of the pleadings from the trial court (plaint or petition, defence, and any other pleadings filed below) Certified typed record of the entire trial court proceedings Critical This covers all hearing dates, witness testimony, and rulings made during proceedings. Certified copy of the judgment or ruling being appealed Critical Memorandum of appeal Critical Heading must follow the format in Annex A of the Practice Directions exactly. List of documents filed in the trial court Any other documents necessary for the appeal under Rule 87(1)(k) No unnecessary documents included Exclude: appearances, notices of change of advocate, interlocutory applications unrelated to the final judgment, and lists of authorities from the court below.

📗

Cover Page and Binding

Cover page shows required information: court title, case number, party names, and volume number The Court of Appeal Rules do not specify a cover colour for the Record of Appeal. Practice varies by registry; confirm the current expectation at your specific registry before filing. Volume number is clearly marked on the front cover All volumes of the same Record have covers of the same colour Record is bound in book form Critical Spiral binding, ring binders, and loose pages are not compliant. Binding must be firm enough that pages do not separate during handling. Record does not exceed 500 pages per volume Where the Record exceeds 500 pages it must be split into separate volumes of 500 pages or fewer. Each volume must have its own index.

🔢

Page Numbering

Page numbers appear at the top right-hand corner of every page Critical Bottom-centre, bottom-right, or any other position is non-compliant. Numbering is consecutive throughout the entire volume, starting from page 1 Critical Numbering does not restart at each new document within the volume. Page numbers do not overwrite or crowd the text Rule 13(1) of the Court of Appeal Rules sets the left margin at 1.5 inches. Ensure the top margin is also sufficient to allow the page number to sit clearly above the first line of text. Annexures and exhibits follow the same consecutive numbering as the rest of the volume (no separate numbering sequence for attachments) Multi-volume Records: each volume starts its own sequence from page 1 The volume number on the cover distinguishes them.

📐

Tenth-Line Numbering

Every tenth line of every document is numbered in the right-hand margin Critical Line 10, line 20, line 30, and so on on every page carry a corresponding number clearly visible in the right margin. Numbering restarts on each page Critical Line 10 on page 1 and line 10 on page 2 both show the number 10. Numbers appear in the right-hand margin outside the text area A number squeezed between the last word and the page edge is not compliant. Right margin must be wide enough to accommodate the number without overlapping text. Tenth-line numbering applied to every document in the Record without exception Typed documents, certified copies of proceedings, affidavits, and scanned pages alike. Scanned pages are not exempt. Scanned pages specifically verified for tenth-line numbers Critical This is the most common gap in multi-volume Records and the most common reason for rejection of an otherwise well-prepared filing.

🖨️

Document Formatting

Documents are printed on one side of the paper only Critical Font is legible throughout Where an original document from the court below is of poor quality, a typed version must be included immediately after the copy of the original. All documents are A4 size Memorandum of Appeal heading follows Annex A of the Practice Directions exactly Critical Must correctly identify the court below, the parties, and the nature of the appeal.

📁

Filing Requirements

Correct number of copies prepared Critical Rule 82(1) requires the Record of Appeal to be filed in quadruplicate (four copies). Written submissions require four copies for a three-judge bench and six copies for a five-judge bench, per the 2015 Practice Directions. All copies are identical: same page numbers, same formatting, same documents Record filed within 60 days of lodging the Notice of Appeal Critical This is a statutory deadline. A Record filed outside this period requires an application for extension of time. Letter regarding pending applications prepared (if applicable) The rules require you to inform the court by letter in the prescribed form of any pending applications in the Court of Appeal related to the appeal. Court filing fees assessed and paid; receipt or e-receipt ready to present at the counter If filing electronically: electronic copy matches hard copy exactly Where there is any inconsistency, the hard copy prevails.

Need to add tenth-line numbers to your PDF? Our free tenth-lining tool handles text pages, scanned pages, and mixed documents in one step, with a live preview before you export.

Frequently Asked Questions

What pages must go into a Record of Appeal?

Rule 87 of the Court of Appeal Rules sets out the full list. The core documents are the pleadings, the certified typed record of proceedings, the judgment being appealed, and the memorandum of appeal. The index goes first. Documents that do not bear on any ground of appeal should be left out.

How do I number lines if the Record spans multiple volumes?

Each volume is treated independently. Tenth-line numbering restarts on each page within a volume. There is no continuous line count running across volumes.

What colour must the cover be?

The Court of Appeal Rules do not specify a cover colour for the Record of Appeal. All volumes of the same Record must have covers of the same colour, with the volume number clearly marked on the front cover. Confirm the expected colour with your specific registry, as practice can vary.

Do scanned pages need tenth-line numbers?

Yes. The requirement covers every document in the Record regardless of whether it is typed or scanned. If your Record contains certified copies of lower court proceedings that are image-based, those pages still require tenth-line numbering. Use a tool with OCR capability. Our free tenth-lining tool handles scanned pages automatically.

How many copies must I file?

Rule 82(1) requires the Record of Appeal to be filed in quadruplicate (four copies). For written submissions, the 2015 Practice Directions require four copies for a three-judge bench and six copies for a five-judge bench. Confirm the current requirement with your registry, as practice directions can be updated.

Is there a standard checklist from the court itself?

The Court of Appeal Practice Directions direct advocates to use Rule 87 as a checklist when preparing their Records. There is no separately published checklist from the registry, which is why this one exists.

What is the fastest way to ensure my PDF has correct tenth-line numbering before filing?

Our free tenth-lining tool adds compliant tenth-line numbers and page numbers to your PDF in a single step. It handles text pages, scanned pages, and mixed documents, with a live preview before you export. Nothing is uploaded: your document stays on your device throughout.