In re- emphasizing the purpose of Article 159 of the Constitution and sections 3A of the Appellate Jurisdiction Act, the court of appeal sitting in Kisumu has said that the purpose of the rules of procedure is nothing more than to facilitate the realization of the values and objectives of the Judiciary as stipulated inthe Constitution and relevant legislation. The rules of procedure are not not an end in themselves. However, their value and importance cannot be denied. It is through the rules of procedure to be observed by both parties that equality and fairness between contending parties is guaranteed. It is through rules of procedure which prescribe the period within which a party should take specified action that expeditious disposal of dispute is assured; and undue delay eliminated or minimized. It is through rules of procedure that a party knows the precise case it has to meet or answer, without being ambushed or taken by surprise. The above was held in the case of Moses Odero V Andronica Otieno in C.A/APPL. NO 248/11 in which the applicant had moved to court to strike out the notice and record of appeal filed out of time. In this application, the court had been invited to apply Article 159 of the Constitution and sect 3a of CAP. to his case but the court observed that to do so would be negating the sundry and all the rules of procedure. The court noted that all those provisions require is where it is possible to overlook the rule of procedure without prejudicing the opposite party or without undermining the values and the objectives of the Constitution and the Act. The notice and the record of appeal filed out of time were struck out.
Posted on: Fri, 14 Jun 2013 13:11:51 +0000
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