Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General, Cabinet Secretary for Internal Security and Co-ordination of National Government & Inspector General of Police [2020] KECA 947 (KLR)
Full Case Text
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: E. GITHINJI, H. OKWENGU & J. MOHAMMED, JJ.A)
CIVIL APPEAL NO. 243 OF 2017
BETWEEN
PETER NDEGWA KIAI
T/A PEMA WINES & SPIRITS...............................................................APPELLANT
AND
THE ATTORNEY GENERAL........................................................1STRESPONDENT
THE CABINET SECRETARY FOR INTERNAL SECURITY
ANDCO-ORDINATION OFNATIONAL GOVERNMENT.....2NDRESPONDENT
THE INSPECTOR GENERAL OF POLICE................................3RDRESPONDENT
(An appeal from the Judgment of the High Court of Kenya at Nairobi (J.M. Mativo, J), dated 6thJune, 2017
in
High Court Constitutional Petition No. 323 of 2015)
************************
RULING OF THE COURT
This appeal was heard by a Three-Judge bench that included Githinji, JA who has since retired from service. Although three judgments were prepared and duly signed by the respective judges, the judgments were not delivered while Githinji, JA was still in service. This is because the parties failed to attend Court fordelivery of judgment despite the matter being fixed on two occasions and the parties duly served with notices to attend court for delivery of judgment.
As the judgments of the two remaining judges are not concurring, the judgments cannot now be delivered. The appeal is therefore referred to the Registrar of the Court of Appeal for a hearing date to be fixed on priority for the appeal to be heard afresh by another bench excluding, Okwengu, JA and J. Mohammed, JA.
DATED and delivered at Nairobi this 24thday of January, 2020.
HANNAH OKWENGU
.....................................
JUDGE OF APPEAL
J. MOHAMMED
...................................
JUDGE OF APPEAL
I certify that this is atrue copy of the original
DEPUTY REGISTRAR