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) ******************* 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 ...................................
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JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.
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