Sharon Jemutai Cherop v Mathew Bowen
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
#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
- On appeal from
- High Court
- unknown
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to extend time for filing appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sharon Jemutai Cherop v Mathew Bowen", 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.