How long do I have to appeal a magistrate's civil judgment?
Civil Procedure Act · sources read 4 Oct 2026
You have 30 days from the date of the magistrate's decree or order to file an appeal in the High Court. Time the lower court certifies was needed to prepare your copy of the decree is not counted, and the court can allow a late appeal if you show good and sufficient cause.
- Deadline
- 30 days from the date of the decree or order you are appealing against.
- Where
- The High Court registry, or online on the Judiciary e-filing portal (efiling.court.go.ke)
Steps
- File your appeal in the High Court within 30 days of the decree or order.
- Prepare a memorandum of appeal, signed like a pleading. List your grounds of objection to the decree or order briefly, under separate numbered heads, with no argument or story.
- Attach a certified copy of the decree or order. If you don't have it yet, file it as soon as possible and within any time the court sets.
- You can file online: sign up on the Judiciary e-filing portal (efiling.court.go.ke) and have your account activated.
- If the 30 days have passed, ask the High Court to admit your appeal out of time and explain the good and sufficient cause for the delay.
Watch out
- Time the lower court certifies as needed to prepare and give you a copy of the decree or order is left out of the 30 days.
- Before a hearing, a High Court judge reads the appeal and can reject it straight away if there is no sufficient ground to interfere with the decision.
- Papers e-filed on a weekend, public holiday or after working hours count as filed on the next working day, so don't leave it to the last day.
Who this covers
- Anyone who lost all or part of a civil case in a magistrate's (subordinate) court. You can appeal on the law or the facts.
Official sources (3)
- Civil Procedure Act (Cap. 21) new.kenyalaw.org · read 3 Oct 2026
- Judiciary E-filing FAQs judiciary.go.ke · read 3 Oct 2026
- Civil Procedure Rules, 2010 (L.N. 151 of 2010) new.kenyalaw.org · read 4 Oct 2026