Jacob Prince Mwaniki v Republic [2019] KECA 1048 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

(CORAM:  E. M. GITHINJI, HANNAH

OKWENGU & J. MOHAMMED, JJ.A.)

CRIMINAL APPEAL NO. 38 OF 2014

BETWEEN

JACOB PRINCE MWANIKI..................APPELLANT

AND

REPUBLIC...............................................RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Kakamega

(Chitembwe & Wasilwa, JJ.) dated 17th February,2014

in HCCRA NO. 144 OF 2012)

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JUDGMENT OF THE COURT

As it is evident from the record that the proceedings in the High Court were presided over by a Bench that included Hon. Wasilwa J, a judge in the Employment and Labour Relations Court, on the authority of the Supreme Court decision in Republic vs Karisa Chengo & 2 others, Petition No. 5 of 2015, the proceedings in the High Court were a nullity.

We therefore, allow the appeal, set aside the judgment of the High Court and remit the matter back to the High Court for re-hearing of the High Court appeal before a competent High Court Bench.

DATED at Kisumu this 29th January, 2019

E. M. GITHINJI

..................................

JUDGE OF APPEAL

HANNAH OKWENGU

....................................

JUDGE OF APPEAL

J. MOHAMMED

...................................

JUDGE OF APPEAL

I certify that this is  a true copy of the original.

DEPUTY REGISTRAR.