John Akotorot Lokitaang v Republic
The bottom line
#Kenya's Court of Appeal ruled that a criminal appeal heard by a judge not qualified to sit on it is a nullity and must be re-heard.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the first appeal in the High Court was competently heard by a bench that included a judge of the Environment and Land Court
Key legal issues
#Competence of the High Court bench that heard the first appeal
The first appeal was heard by a bench including E. Obaga J, an Environment and Land Court judge, who was not competent to hear the appeal; the proceedings were a nullity.
It was undisputed that the first appeal bench included a judge of the Environment and Land Court. Following the Supreme Court's decision in Republic v Karisa Chengo on the competence of judges to hear matters, the Court held the High Court proceedings were a nullity and set aside the judgment, remitting the first appeal for re-hearing by a properly constituted bench.
Legal principles established
#- Criminal proceedings before a High Court bench that includes a judge not competent to sit as a High Court judge are a nullity.
Court orders
#- 1.Appeal allowed to the extent of setting aside the judgment of the High Court
- 2.Matter remitted to the High Court for re-hearing of the first appeal by a bench of competent High Court judges
- 3.Hearing of the first appeal in the High Court to be given priority
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Wrote the judgment
Wrote the judgment
- On appeal from
- High Court of Kenya at Kitale
- HCCRA No. 130 of 2010
- Jurisdiction invoked
- Appellate jurisdiction over a second appeal in a criminal matter (Court of Appeal jurisdiction; competence of the High Court bench challenged per Republic v Karisa Chengo)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
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.
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.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Akotorot Lokitaang v Republic", Case Analysis (2019). Criminal Appeal No. 83 of 2015 (R). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/1038/eng@2019-01-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.