Preparing a Record of Appeal in Kenya
The Record of Appeal is the complete bundle of documents from the lower court that the Court of Appeal reviews. It must be meticulously formatted, paginated, and tenthlined before filing.
Step 1: Gather All Lower Court Documents
Collect the pleadings, rulings, transcripts, exhibits, and any orders from the trial court. Organize them chronologically and create a detailed index.
Step 2: Create the Index
The index must list every document with its page range. This is the first thing judges review. Ensure page references in the index match the actual pagination in the bundle.
Step 3: Paginate the Entire Bundle
Apply sequential page numbers across all documents as one continuous record. Do not restart numbering for each sub-document unless court rules specifically allow it.
Step 4: Apply Tenthlining
Number every tenth line throughout the entire record. This is where most advocates lose time. Use automated tenthlining to process the full PDF in minutes rather than hours.
Step 5: Convert to Court-Compliant PDF
Ensure the final bundle is a single searchable PDF (or multiple volumes if size limits require splitting). Typical e-filing limits are 20–50MB per upload.
Step 6: E-File Through the Judiciary Portal
Upload through the Court of Appeal e-filing system, pay filing fees, and retain the confirmation receipt. File well before deadlines to allow time for corrections.
Common Mistakes to Avoid
- Missing or inconsistent line numbering
- Index page references that don't match the bundle
- Documents scanned upside down or out of order
- Exceeding file size limits without splitting volumes
Conclusion
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