Cherop v Bowen (Civil Application E056 of 2024) [2025] KECA 1240 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that once you pursue a review to conclusion, you lose the right to appeal the original decision.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should be granted to file a notice of appeal and record of appeal out of time against a ruling where the applicant had already prosecuted a review application to conclusion
Key legal issues
#Effect of a concluded review application on the right of appeal
Once a litigant elects review and prosecutes it to conclusion, the appeal option is extinguished; only the review ruling itself is appealable
The court relied on a consistent line of Court of Appeal and Supreme Court authority holding that the choice between review and appeal is made in advance and is exclusive. Allowing a litigant to revert to appeal after failed review would amount to playing lottery with judicial process and abuse of judicial process. Extension of time would therefore be futile since no appeal would lie.
Legal principles established
#- A party who files an application for review and prosecutes it to conclusion loses the option of pursuing an appeal against the decision sought to be reviewed; appeals and reviews cannot be pursued concurrently or consecutively
Court orders
#- 1.The notice of motion dated 13th September 2024 is dismissed
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- unknown
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to extend time for filing appeal
Relief refused
#Leave to file notice of appeal and record of appeal out of time
Having pursued a review application to conclusion, the applicant lost the option of appealing the decision sought to be reviewed; granting enlargement of time would be futile
Costs
No orders as to costs - "There being no response to this application, I shall make no orders as to costs."
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is therefore important to appreciate that granting the request for enlargement of time would amount to an exercise in futility, as no appeal would lie in light of the concluded review application.
once a party files an application for review and prosecutes it to conclusion, the party loses the option of pursuing an appeal in respect of the decision that was sought to be reviewed
Consequently, I find no merit in this motion, and dismiss it. There being no response to this application, I shall make no orders as to costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherop v Bowen (Civil Application E056 of 2024) [2025] KECA 1240 (KLR)", Case Analysis (2025). Notice of motion dated 13th September 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1240/eng@2025-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.