[2019] KECA 1038 (KLR)
The Court of Appeal held that the inclusion of a judge from the Environment and Land Court in the High Court bench that heard the appellant's first appeal rendered those proceedings a nullity, as such a judge lacks jurisdiction to hear criminal appeals. This position is settled by the Supreme Court in Republic vs...
Source-derived case information.
- Citation
- [2019] KECA 1038 (KLR)
- Parties
- Appellant: John Akotorot Lokitaang; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 83 of 2015
- Procedural Posture
- Criminal Appeal / Second Appeal to the Court of Appeal From the High Court
- Outcome
- Appeal allowed to the extent of setting aside the High Court judgment and remitting the matter for re-hearing.
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Jurisdiction of High Court, Composition of Bench, Nullity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Akotorot Lokitaang
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal to the Court of Appeal From the High Court
Legal Issues
- 1 Whether the High Court bench that heard the first appeal was properly constituted.
- 2 Whether the participation of a judge from the Environment and Land Court rendered the High Court proceedings a nullity.
Ratio Decidendi
The Court of Appeal held that the inclusion of a judge from the Environment and Land Court in the High Court bench that heard the appellant's first appeal rendered those proceedings a nullity, as such a judge lacks jurisdiction to hear criminal appeals. This position is settled by the Supreme Court in Republic vs Karisa Chengo. Consequently, the judgment of the High Court was set aside and the matter remitted for re-hearing before a properly constituted bench of the High Court.
Court Disposition
Appeal allowed to the extent of setting aside the High Court judgment and remitting the matter for re-hearing.
Orders
- The judgment of the High Court is set aside.
- The matter is remitted to the High Court for re-hearing of the first appeal by a bench of competent judges.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: E. M. GITHINJI, HANNAH OKWENGU & J. MOHAMMED, JJ.A.)
CRIMINAL APPEAL NO. 83 OF 2015 (R)
BETWEEN
JOHN AKOTOROT LOKITAANG ……………………..…. APPELLANT
AND
REPUBLIC …………………………………………..……... RESPONDENT
(Appeal from the judgment and decree of the High Court of Kenya at Kitale(Karanja & Obaga, JJ.) dated5th November, 2013
in
HCCRA NO. 130 OF 2010)
********************
JUDGMENT OF THE COURT
[1]This is a second appeal by John Akotorot Lokitaang who was tried and convicted by a Senior Resident Magistrate in the Magistrate’s Court at Lodwar.
[2] It is not disputed that his first appeal in the High Court was heard by a Bench of two judges that included E. Obaga J, a judge in the Environment and Land Court.
[3] 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.
[4] 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.
DATED and delivered at Eldoret this 16th day of January, 2019.
E. M. GITHINJI
………………….……
JUDGE OF APPEAL
HANNAH OKWENGU
…………………………
JUDGE OF APPEAL
J. MOHAMMED
………………………….
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR.