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In the absence of an express provision requiring a panel of three Judges for constitutional petitions under Article 108(2), a single Judge of the High Court has jurisdiction to entertain such matters.
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The High Court found the trial judgment fatally defective for failing to properly record conviction and sentence, and remitted the file for a lawful judgment.
The applicant's reasons for recusal do not meet the legal threshold established by binding precedent; no evidence of bias, improper relationship, or interest exists, and procedural complaints are unfounded.
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The ordinary High Court lacks jurisdiction to entertain bail applications in economic crimes cases falling under the exclusive jurisdiction of the Corruption and Economic Crimes Division, as established by Act No. 3 of 2016. Section 29(4)(d) of Cap. 200 must be interpreted in light of the amended definition of 'Court', which now refers solely to the Division. Therefore, only the Division may entertain such bail applications.
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The judge's disqualification without reasons, the order to expunge exhibits, the failure to deliver a ruling on no case to answer, the premature summing up to assessors, and the order for a de novo trial were all irregular and contrary to law. The Court of Appeal has jurisdiction to revise such interlocutory orders under section 4(3) of the Appellate Jurisdiction Act. The proper order is to quash all proceedings after 13.9.2006 and direct the trial to continue before the same judge from that date.
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The trial was a nullity because it was conducted by a District Magistrate in a Resident Magistrate's Court, contrary to Section 6(1)(c) of the Magistrates Courts' Act, 1984. The court was not duly constituted, rendering all proceedings, conviction, and sentence invalid.
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The trial, conviction, and sentence are null and void as the District Magistrate had no jurisdiction to preside over the Resident Magistrate's Court; thus, the proceedings are quashed and the appellant is to be set free.
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Refusal to provide the accused with witness statements and the conduct of the magistrate could create an impression of bias in the minds of reasonable people, undermining confidence in the impartiality of the court. Therefore, the case should be assigned to another magistrate.
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The applicant's request for transfer of trial was not properly made to the trial magistrate, and the substitution of charges did not prejudice the applicant's defense. The trial magistrate acted within her powers under the Criminal Procedure Act, and the application for revision is dismissed.
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High Court upheld an assault conviction, rejected bias and self-defence findings, and reduced illegal sentence and compensation to statutory limits.
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