John Akotorot Lokitaang v Republic [2019] KECA 1038 (KLR)
- Court
- Court of Appeal
- Case number
- 1038
- Citation
- [2019] KECA 1038 (KLR)
- Decided
- 16 January 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond appeal from a judgment and decree of the High Court of Kenya at KitaleCoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding
We allow this appeal to the extent of setting aside the judgment of the High Court and remitting the matter back to the High Court for re-hearing of the first appeal by a Bench of the High Court made up of competent judges.
Facts
The appellant was tried and convicted by a Senior Resident Magistrate in the Magistrate's Court at Lodwar. His first appeal in the High Court was heard by a Bench of two judges that included E. Obaga J, a judge in the Environment and Land Court.
Issues
- Competence of the judge hearing the appeal
- Nullity of the proceedings in the High Court
Reasoning
The proceedings in the High Court were a nullity as Obaga J was not competent to hear the appeal, in accordance with the Supreme Court decision in Republic vs Karisa Chengo.
Outcome
Allowing the appeal
Orders
- Remitting the matter back to the High Court for re-hearing of the first appeal by a Bench of the High Court made up of competent judges
- Giving priority to the hearing of the appeal in the High Court
Authorities cited
Cases cited (1)
- Republic vs Karisa Chengo
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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