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Court of AppealStruck OutCriminal Appeal No. E029 of 2021 (application)

Mukabali v Republic (Criminal Application E013 of 2025) [2025] KECA 1655 (KLR)

Court of Appeal of Kenya
15 October 2025
212 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The Court of Appeal struck out a convict's application for extension of time because he already had a pending appeal on the same conviction.

What this practically means

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Executive summary

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The applicant, Philip Wabomba Mukabali, was convicted of murder by the High Court at Bungoma under sections 203 and 204 of the Penal Code and sentenced to twenty-five years imprisonment on 30th September 2020. He sought to appeal to the Court of Appeal and filed an application explaining his delay in lodging the notice of appeal on the ground that an earlier appeal he had filed had not been acknowledged by the Court. That assertion prompted the Court to make inquiries with the Registry, which established that the applicant had in fact filed an appeal on 27th January 2021, registered as Criminal Appeal No. E029 of 2021, which remains pending hearing and determination under the Court's First In First Out policy. In light of that finding, the Court held that the present application was filed in abuse of the Court's process and struck it out. The ruling was delivered at Kisumu on 15th October 2025 by L. Kimaru, Judge of Appeal. The substantive appeal, Criminal Appeal No. E029 of 2021, remains pending before the Court.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant's explanation for the delay in lodging the notice of appeal in time was reasonable
  2. 2.Whether the application constituted an abuse of the Court's process given the existence of an earlier pending appeal

Key legal issues

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01

Abuse of court process by a duplicative application

Holding

The application was struck out because the applicant had already lodged an appeal, registered as Criminal Appeal No. E029 of 2021, which was pending before the Court, making the present application unnecessary and abusive.

Reasoning

The applicant sought to appeal against his conviction and 25-year sentence for murder delivered by the High Court at Bungoma on 30th September 2020. He attributed the delay to an earlier appeal not being acknowledged. On inquiry, the Registry confirmed an appeal filed on 27th January 2021 was already pending under the First In First Out policy. Filing a further application in those circumstances was an abuse of process warranting summary striking out.

p. 1

Legal principles established

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  • A party who already has a pending appeal on the same matter cannot file a further application relating to that appeal without abusing the Court's process; such duplicative applications will be struck out.

Court orders

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  1. 1.The application was struck out as an abuse of the Court's process

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court of Kenya
Jurisdiction invoked
Appellate jurisdiction over a conviction and sentence for murder under sections 203 and 204 of the Penal Code; application for extension of time to lodge notice of appeal under the Court of Appeal's procedural rules

Relief refused

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Leave/extension of time to lodge the notice of appeal out of time

The application was an abuse of process because the applicant already had a pending appeal (Criminal Appeal No. E029 of 2021) awaiting hearing under the Court's First In First Out policy

p. 1

Costs

No costs order was made in the ruling

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This application has therefore been filed in abuse of the Court’s process. It is hereby struck out.
p. 1Final orders - striking out for abuse of process
The appeal is registered as Criminal Appeal No. E029 of 2021. It is still pending hearing and determination by this Court on account of this Court’s First In First Out policy.
p. 1Existence of a pending appeal and the FIFO policy

Issues in the judgment

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minor

The judgment records the applicant's intended appeal to this Court, but the document appears to be a single-judge ruling on an interlocutory application rather than a full appellate judgment; no decision on the substantive appeal is recorded.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mukabali v Republic (Criminal Application E013 of 2025) [2025] KECA 1655 (KLR)", Case Analysis (2025). Criminal Appeal No. E029 of 2021 (application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1655/eng@2025-10-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.