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Case Brief · caselaw.co.ke
Court of AppealOtherNot stated in the judgment· [2025] KECA 1982 (KLR)

Winssor Segero Chesori v Republic

Court of Appeal of Kenya
20 November 2025
275 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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Kenya's Court of Appeal confirmed that once it decides a second appeal, it cannot reopen the matter—every litigant has a finite right of appeal.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal at Kisumu (Kimaru, JA) delivered on 20th November 2025 on an application under Rule 4 of the Court of Appeal Rules seeking extension of time to lodge an appeal out of time. The applicant, Winssor Segero Chesori, was convicted of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to suffer death by the Chief Magistrate's Court at Bungoma. His first appeal to the High Court at Bungoma was dismissed on 25th May 2005, and his second appeal to the Court of Appeal was dismissed on 23rd October 2009. He then filed Constitutional Petition No. 85 of 2019 before the High Court at Bungoma seeking revision of his sentence, which was dismissed on 10th May 2022. The DPP opposed the present application, urging that the applicant had exhausted his right of appeal. The Court agreed, holding that once it rendered its decision on the second appeal it became functus officio and could not entertain any further appeals by the applicant. Finding the application devoid of merit, the Court struck it out. No costs order is recorded in the judgment. The ruling binds subordinate consideration of repeat applications by litigants who have exhausted their appellate remedies, affirming the functus officio principle.

Key legal issues

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01

Whether extension of time under Rule 4 of the Court of Appeal Rules may be granted where the applicant has exhausted his right of appeal

Holding

It may not. A litigant who has been through the first appeal, the second appeal, and a subsequent constitutional petition has exhausted the right of appeal, and the Court cannot entertain any further appeal.

Reasoning

The applicant was convicted and sentenced to death for robbery with violence; his first appeal was dismissed by the High Court in 2005 and his second appeal by the Court of Appeal in 2009. He then filed a constitutional petition seeking revision of sentence, dismissed in 2022. The Court agreed with the DPP that the right of appeal was exhausted and that the Court, having rendered its decision, was functus officio and unable to entertain further appeals.

p. 1

Legal principles established

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  • Once the Court of Appeal has rendered its decision on a second appeal, it becomes functus officio and cannot entertain any further appeals or applications by the same litigant in the same matter.

Court orders

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  1. 1.The application for extension of time is struck out for lack of merit
On appeal from
High Court of Kenya at Bungoma
Constitutional Petition No. 85 of 2019
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (application for extension of time to lodge appeal out of time)

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, "Winssor Segero Chesori v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1982/eng@2025-11-20

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