Peter Maina John alias Hussein Ali v Republic

John alias Hussein Ali v Republic (Criminal Appeal 37 of 2014) [2019] KECA 1050 (KLR) (28 January 2019) (Judgment) Peter Maina John v Republic [2018] eKLR Neutral citation: [2019] KECA 1050 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPEAL 37 OF 2014 EM GITHINJI, HM OKWENGU & J MOHAMMED, JJA JANUARY 28, 2019 BETWEEN PETER MAINA JOHN ALIAS HUSSEIN ALI ..................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT (Appeal from the judgment of the High Court of Kenya at Kakamega (Chitembwe & Dulu, JJ.) dated 17th July, 2014 in HCCRA NO. 309 OF 2012) JUDGMENT 1. It is common ground that the appellant’s appeal in the High Court that is subject of this second appeal before us, was heard by a Bench that included Wasilwa J, a judge in the Employment and Labour Relations Court. In accordance with the decision in Supreme Court Petition No. 5 of 2015 Republic vs Karisa Chengo and others, the proceedings in the High Court were a nullity. 2. Accordingly, 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. DATED AT KISUMU THIS 28TH JANUARY, 2019. E. M. GITHINJI …………………………. JUDGE OF APPEAL HANNAH OKWENGU ………………………….. https://new.kenyalaw.org/akn/ke/judgment/keca/2019/1050/eng@2019-01-28 1

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