John alias Hussein Ali v Republic (Criminal Appeal 37 of 2014) [2019] KECA 1050 (KLR) (28 January 2019) (Judgment)
- Court
- Court of Appeal
- Case number
- 1050
- Citation
- [2019] KECA 1050 (KLR)
- Decided
- 28 January 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the judgment of the High Court of Kenya at Kakamega (Chitembwe & Dulu, JJ.) dated 17th July, 2014 in HCCRA NO. 309 OF 2012CoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding
We allow this appeal, set aside the judgment and proceedings of the High Court, and direct that the 1st appeal be re-heard by a High Court Bench properly constituted by judges of the High Court.
Facts
The appellant's appeal in the High Court was heard by a Bench that included Wasilwa J, a judge in the Employment and Labour Relations Court. The proceedings in the High Court were declared a nullity.
Issues
- The validity of the proceedings in the High Court
- The constitutionality of the High Court's judgment
Reasoning
The proceedings in the High Court were declared a nullity in accordance with the decision in Supreme Court Petition No. 5 of 2015 Republic vs Karisa Chengo and others.
Outcome
Appeal allowed
Orders
- The 1st appeal be re-heard by a High Court Bench properly constituted by judges of the High Court
Authorities cited
Cases cited (1)
- Supreme Court Petition No. 5 of 2015 Republic vs Karisa Chengo and others
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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