Joseph Santian v Chemoiwa Ole Sayialel [2021] KECA 571 (KLR)

Facts

The respondent filed a notice of appeal and a record of appeal, but failed to serve the notice of appeal within 7 days and the record of appeal within 60 days of filing. The applicant argued that the notice of appeal was never served and the record of appeal was wrongly served.

Issues

1. Failure to serve the notice of appeal within 7 days
2. Failure to serve the record of appeal within 60 days
3. Service of the record of appeal to former advocates

Reasoning

The notice of appeal was not served within 7 days and the record of appeal was not served within 60 days, as required by the court's rules. The respondent was not served with a copy of the letter requesting for the proceedings.

Outcome

The record of appeal is struck out.