181 The issue may very well be viewed differently, if what is in question, is a purely statutory limitation of appellate jurisdiction. It all depends on the nature and uniqueness of each case. This Court has held that, even at the level of the Supreme Court, not all election petition appeals, lie from the Court of Appeal to this Court. An intending appellant must satisfy the Court, that such an appeal meets the threshold delineated in Article 163 (4) (a) and (b) of the Constitution. The foregoing analysis leads us to the conclusion, in agreement with the Court of Appeal, that in the absence of an express statutory provision, no second appeal lies to the Court of Appeal, from the High Court, emanating from an election petition concerning the validity of the election of a member of county assembly. 6.3.6.0 This position was affirmed by the Supreme Court in the case of Peter Bodo Okal v Philemon Juma Ojuok & 2 Others, Supreme Court Election Petition (Application) 9 of 2019. 6.3.1 6.3.1.1 Notice of Appeal A person who seeks to appeal against the final determination of the High Court in EDR must file a notice of appeal within 7 days of the decision (Rule 6(2) of the Court of Appeal (Election Petition) Rules, 2017). The 2017 Rules were silent about appeals against interlocutory decisions, as the jurisdiction of the Court of Appeal over interlocutory decisions has severally been held to be ‘deferred and sequential.’ (Peter Gichuki King’ara v IEBC & 2 Others, Civil Appeal No 23 of 2013). 6.3.1.2 The Notice of Appeal is the primary jurisdictional document, giving rise to the appellate jurisdiction of the court (Lesirma Simeon Saimanga v IEBC & 2 Others (Nakuru) Election Petition Appeal (Application No. 7 of 2018); (Patricia Cherotich Sawe v IEBC & 4 Others, Supreme Court Petition No. 8 of 2014); (Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others, Supreme Court Application 16 of 2014; Boy Juma Boy & 2 Others v Mwamlole Tchappu Bwana & Another, Civil Appeal/Application 45 of 2013). It signals the intention to appeal (Patricia Cherotich Sawe v IEBC & 4 Others, Supreme Court Petition No. 8 of 2014). Without a Notice of Appeal, there is no valid appeal as no intention to appeal is expressed (IEBC v Jane Cheperenger & 2 Others, Supreme Court Civil Application No. 36 of 2014; Lesirma Simeon Saimanga v IEBC & 2 Others (Nakuru) Election Petition Appeal (Application No. 7 of 2018); John Munuve Mati v RO Mwingi North & Others, Nairobi Election Petition Appeal 5 of 2018; and Anuar Loitiptip v IEBC & 2 Others, Supreme Court Petition 18 & 20 of 2018 (Consolidated)). 6.3.1.3 The Notice of Appeal must be filed in the appropriate registry for the appeal to be valid. In 2017, confusion as to where to file the notice of appeal was occasioned by the previous use of the Court of Appeal Rules, 2010 by dint of which appeals were filed in the High Court registry where the matter was being heard. The 2017 Rules provide that the Notices of Appeal are to be filed at the Court of Appeal registry or nearest sub-registry. 6.3.1.4 While some appeals were sustained despite their founding Notices of Appeal being filed in the wrong registry (Owino Paul Ongili Babu v Francis Wambugu Mureithi & 2 Others, Nairobi Election Appeal 18 of 2018; Timamy Issa Abdalla v IEBC & 3 Others, Mombasa Election Appeal No 4 of 2018; Apungu Arthur Kibira v IEBC & 2 Others, Kisumu Election Petition Appeal No 11 of 2018), a contrary position was taken in Lesirma Simeon Saimanga v IEBC & 2 Others, (Nakuru) Election BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION