John Akotorot Lokitaang v Republic [2019] KECA 1038 (KLR)

IN THE COURT OF APPEAL

AT ELDORET

(CORAM:  E. M. GITHINJI, HANNAH OKWENGU & J. MOHAMMED, JJ.A.)

CRIMINAL APPEAL NO. 83 OF 2015 (R)

BETWEEN

JOHN AKOTOROT LOKITAANG ……………………..…. APPELLANT

AND

REPUBLIC …………………………………………..……... RESPONDENT

(Appeal from the judgment and decree of the High Court of Kenya at Kitale(Karanja & Obaga, JJ.) dated5th November, 2013

in

HCCRA NO. 130 OF 2010)

********************

JUDGMENT OF THE COURT

[1]This is a second appeal by John Akotorot Lokitaang who was tried and convicted by a Senior Resident Magistrate in the Magistrate’s Court at Lodwar.

[2] It is not disputed that 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.

[3] In accordance with the Supreme Court decision in Republic vs Karisa Chengo, the proceedings in the High Court were a nullity as Obaga J was not competent to hear the appeal.

[4] Accordingly, 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.  The hearing of the appeal in the High Court shall be given priority, given the circumstances of this matter.

DATED and delivered at Eldoret this 16th day of 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.