https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11910
The court found that the appellant had already filed a similar application in Criminal Application No. E091 seeking substantially similar orders. The present filing was therefore an abuse of the process of the court and could not stand, so the appeal was struck out.
Source-derived case information.
- Citation
- [2026] KEHC 11910 (KLR)
- Parties
- Appellant: Musa Athman Kibirige; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E092 of 2026
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- Appeal struck out; file marked closed.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Conviction and Sentence Challenge, Abuse of Court Process, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Athman Kibirige
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the appeal was competent in light of a prior similar application
- 2 Whether the filing amounted to an abuse of the process of the court
Ratio Decidendi
The court found that the appellant had already filed a similar application in Criminal Application No. E091 seeking substantially similar orders. The present filing was therefore an abuse of the process of the court and could not stand, so the appeal was struck out.
Court Disposition
Appeal struck out; file marked closed.
Orders
- The appeal is struck out.
- The file is marked as closed.
Full Case Text
Judgment text and source record
1 paragraphs
Kibirige v Republic (Criminal Appeal E092 of 2026) [2026] KEHC 11910 (KLR) (30 July 2026) (Ruling) Neutral citation: [2026] KEHC 11910 (KLR) Republic of Kenya In the High Court at Kibera Criminal Appeal E092 of 2026 DR Kavedza, J July 30, 2026 Between Musa Athman Kibirige Appellant and Republic Respondent Ruling 1.The applicant has filed the present petition of appeal challenging the conviction and sentence imposed by the trial court. 2.It is, however, apparent from the record that the applicant has previously filed a similar application in Criminal Application No. E091, seeking substantially similar orders. The filing of the present application therefore amounts to an abuse of the process of the court. 3.In the circumstances, the present appeal is struck out. The file is accordingly marked as closed.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JULY 2026D. KAVEDZAJUDGE