Related documents
- Is amended by 24th Annual Supplement
- Repeals The Supreme Court Rules, 2020

LAWS OF KENYA
SUPREME COURT ACT
THE SUPREME COURT RULES
LEGAL NOTICE 101 OF 2020
- Published in Kenya Gazette Vol. CXXII—No. 109 on 12 June 2020
- Commenced on 12 June 2020
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Rules may be cited as the Supreme Court Rules.2. Interpretation
In these Rules, unless the context otherwise requires—"Act" means the Supreme Court Act;"Appeal" includes an intended appeal from the Court of Appeal or any other court or tribunal exercising original jurisdiction;"bench" means a judge or any number of judges as may be constituted by the President of the Court in connection with any proceeding;"Court" has the meaning assigned to it under section 2 of the Act;"duty judge" means a judge of the Court assigned to conduct preliminary procedures during their time on duty;"electronic media" means any type of device that stores and allows distribution or use of electronic information;"guardian in the matter" means a person appointed as such, to defend a minor, or a person with a disability, in a matter;"interested party" means a person who has an identifiable stake or legal interest or duty in the proceedings, who may be prejudiced if not joined, but is not an original party to the proceedings;"party" includes a petitioner, respondent, interested party or an applicant;"Petition" has the meaning assigned to it under the Act;"preliminary procedures" means presentation made before a single judge, a two-judge bench, or the Registrar, on a matter preparatory in nature;"President" means the President of the Supreme Court;"proceedings" means presentation made before the Court under Article 163(2) of the Constitution, for final determination on a matter;"reference" means an application to the Court for an Advisory Opinion;"Registrar" has the meaning assigned to it under section 2 of the Act; and"Registry" has the meaning assigned to it under section 2 of the Act.3. Scope and objectives
Part II – ADMINISTRATION OF THE COURT
4. Duties of the President
The duties of the President shall include—5. Duty Judge
The President shall appoint a duty judge who shall —6. Role of the Registrar
7. Sittings of the court
8. Language of the Court
9. Sealing of Court documents
The Registrar shall sign and seal with the seal of the Court any summons, warrant, order, notice or other formal document issued by the Court.10. Registry
11. Maintenance of the register
Part III – CASE MANAGEMENT
12. Filing of documents
13. Form of documents
14. Hours of filing documents
15. Computation and extension of time
16. Service and transmission of documents
17. Further pleadings
18. Representation in Court
19. Participation of friends of the Court
20. Assignment of advocate by court
21. Test case
The Court may, upon application by any party or on its own motion, where satisfied that the issues involved in any two or more proceedings are similar, order that the proceedings be—22. Scheduling conference
23. List and bundle of authorities
24. Interested parties
Part IV – CONDUCT OF PROCEEDINGS
25. Hearing in Court
26. Admission of additional evidence
27. Withdrawal of proceedings
28. Judgment
29. Decrees and orders
30. Execution
Part V – APPLICATIONS
31. Interlocutory applications
32. Urgent applications
33. Application for certification
34. Non-attendance at hearing of application
35. Abatement of applications
Part VI – APPEALS
36. Notice of Appeal
37. Service of Notice of Appeal
38. Institution of appeal
39. Form of Petition of an appeal
40. Content of a record of Appeals from the Court of Appeal
41. Content of a record of Appeal from other courts or tribunals
The record of appeal from a court or tribunal exercising original jurisdiction shall contain—42. Response to petition of appeal
43. Abatement of appeals
44. Death of respondent before service of notice
A notice of appeal shall be served, as soon as practicable, upon the legal representative, where the person upon whom it was to be served is deceased.45. Address for service
A person upon whom a notice of appeal is served shall, within fourteen days after service of the notice of appeal, lodge in the registry and serve on the appellant and every other person named in the notice—46. Default in instituting appeal
47. Notice of cross-appeal
48. Notice of grounds for affirming decision and service
49. Withdrawal of notice of cross-appeal, or notice of grounds for affirming decision
Part VII – ADVISORY OPINIONS
50. Reference for an advisory opinion
51. Participants in a reference
52. Notice of reference
Upon filing of a reference, the Registrar shall give—53. Determining a reference
Part VIII – PETITION ON DECLARATION OF STATE OF EMERGENCY
54. Filing a petition
55. Service and hearing of petition
Part IX – CONTEMPT OF COURT
56. Contempt in the face of the Court
57. Cognizance of contempt in other cases
58. Penalty for contempt
The Court may make such order as it may deem fit, in determining a matter of contempt, including issuing an order denying audience to the contemnor for a period not exceeding one year.Part X – FEES AND COSTS
59. Assessment of Fees payable
60. Taxation of costs
61. Costs improperly incurred
62. Reference on taxation
63. Waiver of court fees
Part XI – GENERAL PROVISIONS
64. Practice directions
65. Effect of non-compliance with Rules
66. Disposal of records
The disposal of the records in the custody of the court shall be in accordance with—67. Revocation of L.N. 6 of 2020 and saving provision
68. Review of Rules
The Court may review these Rules from time to time.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement