108
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
Provided that where the appellant has made an application under subrule
(2) and the Tribunal is satisfied that, owing to absence from his normal place
of residence, sickness or other reasonable cause, the appellant was prevented
from presenting a memorandum within that period, and that there has been
no unreasonable delay on his part, the Tribunal may extend that period
notwithstanding that the period has already expired.
(2) An appellant may, by application in writing—
(a) signed by him;
(b) supported by an affidavit setting out the reasons for delay; and
(c) filed, with five copies, together with the memorandum of appeal
apply for leave to file an appeal out of time or;
(3) The Executive Officer shall give every appeal filed pursuant to
paragraph (1) an appeal number and every document filed together with the
memorandum or subsequently filed in relation to the appeal shall bear the said
number.
Memorandum of
appeal.
Statement of facts of
appeal.
5. A memorandum shall be signed by the appellant and shall set out
concisely, under distinct heads, numbered consecutively, the grounds of appeal
without argument or narrative.
6. Each copy of a memorandum shall be accompanied by—
(a) a copy of the decision appealed against; and
(b) a statement, signed by the appellant, setting out precisely all the
facts on which the appeal is based and referring specifically to
documentary or other evidence which it is proposed to adduce at
the hearing of the appeal, and to which shall be annexed a copy of
each document or extract from a document upon which the appellant
proposes to rely as evidence at the hearing of the appeal.
Service of
Memorandum of
appeal.
L.N. 176/2003.
7. Within four (4) days after the presentation of a memorandum to the
Executive Officer a copy thereof and of the statement of facts of the appellant and
the documents, annexed thereto, together with any application for leave to file
the appeal out of time shall, be served by the appellant upon the respondent.
Statement of facts of
the respondent.
L.N. 176/2003.
8. (1) The respondent shall, if he does not accept any of the facts of the
appellant, within twenty-one (21) days after the service thereof upon him under
rule 7, file with the Executive Officer a statement of facts together with five
copies thereof and the provisions of rule 6 (b) shall mutatis mutandis apply to
the statement of facts.
(2) At the time of filing a statement of facts pursuant to paragraph (1),
the respondent shall serve a copy thereof, together with copies of the documents
annexed thereto, upon the appellant.