PETER EREGAI V. REPUBLIC

JUDGMENT OF THE COURT

[1] The appellant Peter Eregai was convicted by the Resident Magistrate’s Court at Kapenguria of the offence of rape contrary to section 3(1) as read with section 3(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve 20 years imprisonment.

[2] He appealed to the High Court against the conviction and sentence. The appeal was heard by Obaga J who delivered a judgment on 11^th November, 2013 in which he dismissed the appellants appeal against conviction and sentence.

[3] The appellant is aggrieved and has lodged this appeal against both conviction and sentence. When this appeal came for hearing, learned prosecuting counsel Mrs. Brenda Oduor, pointed out that the proceedings in the High Court were a nullity as the appeal was heard by E. Obaga J who was appointed as a judge of the Environment and Land Court and not as a judge of the High Court. Referring to the Supreme Court decision in Republic v. Karisa Chengo and 2 Others [2017] eKLR (Karisa Chengo),…