https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10385

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CIVIL APPEAL NO. E103 OF 2025** **DINESH CHANDULAL MOKHA .......................................... APPELLANT** **VERSUS** **STEPHEN WANGUSI FEDHA ............................................. RESPONDENT** **RULING** 1. This matter is coming up for ruling on the Notice of Motion dated **15th January 2026**. It is on record that at the last mention, the court, while considering the application as a live matter, gave directions that both counsels file submissions in respect of the said application. 2. However, upon a careful perusal of the court record, this court notes that the Notice of Motion dated **15th January 2026** had already been dismissed by Hon. Lady Justice M. S. Shariff on **27th January 2026** for want of attendance, with no order as to costs. 3. The court is new to this file, hence notes that it had not fully appraised itself of the proceedings gone by when the motion came up and further that the said orders by the Hon Shariff J were not brought to the court’s attention by either of the parties and this could because both learned counsels were absent when the said orders were given. 4. In the premises, there is no subsisting Application dated 15th January 2026 capable of determination by this court. The court is therefore *functus officio* in respect of the said application for reasons that the Hon lady Justice Sharrif is of a concurrent jurisdiction to this court. 5. The doctrine of *functus officio* is well established in law. Once a court has duly exercised its jurisdiction in respect of a matter, it becomes devoid of jurisdiction to revisit the same, save as may be permitted by law. 6. The above said, the court notes that the appeal itself remains pending and has neither been heard nor determined but directions were given. As a result, the court orders; 1. That the Notice of Motion dated 15th January 2026 is hereby marked as spent. 2. That the directions issued by Honourable Lady Justice Shariff on 27th January 2026 regarding the appeal stand and are now hereby restated. The same are therefore to be complied with as per the timelines therein set by Hon Sharrif J save that they are to be computed from the date of this ruling *to wit;* 1. That the appeal is admitted for hearing on 27th January 2027; 2. That the appellant is directed to file and serve a record of appeal together with submissions within 28 days from today’s date, and the respondents are directed to file their submissions within 42 days from the same date. 3. Each party shall bear its own costs, and the matter was fixed for mention on 10th September to confirm compliance. **Read Dated and Signed Virtually at BUNGOMA on 9th July 2026** **E. OMINDE** **JUDGE**