Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General & 2 others

Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General & 2 others [2020] KECA 947 (KLR) Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General & 2 others [2020] eKLR Neutral citation: [2020] KECA 947 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL 243 OF 2017 HM OKWENGU & J MOHAMMED, JJA JANUARY 24, 2020 BETWEEN PETER NDEGWA KIAI T/A PEMA WINES & SPIRITS ................... APPELLANT AND THE ATTORNEY GENERAL ...................................................... 1ST RESPONDENT THE CABINET SECRETARY FOR INTERNAL SECURITY AND COORDINATION OF NATIONAL GOVERNMENT ................... 2ND RESPONDENT THE INSPECTOR GENERAL OF POLICE ............................... 3RD RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (J.M. Mativo, J), dated 6th June, 2017 in High Court Constitutional Petition No. 323 of 2015) RULING 1. 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 for delivery of judgment despite the matter being xed on two occasions and the parties duly served with notices to attend court for delivery of judgment. 2. 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 xed 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 24TH DAY OF JANUARY, 2020. https://new.kenyalaw.org/akn/ke/judgment/keca/2020/947/eng@2020-01-24 1

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