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Court of AppealStruck OutCriminal Appeal No. E029 of 2021 (application)· [2025] KECA 1655 (KLR)

Philip Wabomba Mukabali v Republic

Court of Appeal of Kenya
15 October 2025
LKL. Kimaru
212 words in judgment
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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.

Key legal issues

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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
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

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, "Philip Wabomba Mukabali v Republic", 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.