Winssor Segero Chesori v Republic
The bottom line
#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
#Executive summary
#Key legal issues
#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
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.
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.