https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10197
The appeal was struck out because it duplicated an earlier appeal by the same appellant challenging the same conviction and sentence, and therefore amounted to an abuse of the court process.
Source-derived case information.
- Citation
- [2026] KEHC 10197 (KLR)
- Parties
- Appellant: Netima Ngamsap; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E054 of 2026
- Procedural Posture
- Criminal Appeal / Ruling on Duplication/abuse of Process
- Outcome
- Appeal struck out.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Duplicative Appeal, Abuse of Court Process, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Netima Ngamsap
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Duplication/abuse of Process
Legal Issues
- 1 Whether the appeal was duplicative of an earlier pending appeal challenging the same conviction and sentence.
- 2 Whether the present appeal constituted an abuse of the court process.
- 3 Whether the appeal should be struck out.
Ratio Decidendi
The appeal was struck out because it duplicated an earlier appeal by the same appellant challenging the same conviction and sentence, and therefore amounted to an abuse of the court process.
Court Disposition
Appeal struck out.
Orders
- The present appeal is struck out.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL APPEAL NO. E054 OF 2026** NETIMA NGAMSAP…………………………..……………………..APPELLANT VERSUS REPUBLIC………………………………………………………….RESPONDENT **RULING** 1. The Appellant filed a petition of appeal dated 4 March 2026 challenging her conviction and sentence in JKIA Chief Magistrate's Court Criminal Case No. E049 of 2023. 2. The Court notes that the Appellant has already filed Criminal Appeal No. E055 of 2025 challenging the same conviction and sentence and seeking substantially similar relief. The present appeal is therefore duplicative and amounts to an abuse of the court process. 3. Accordingly, the present appeal is struck out. Orders accordingly. **Ruling dated and delivered virtually this 7th day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**