PETER MAINA JOHN ALIAS HUSSEIN ALI V. REPUBLIC

JUDGMENT OF THE COURT

It is common ground that the appellant’s appeal in the High Court that is subject of this second appeal before us, was heard by a Bench that included Wasilwa J, a judge in the Employment and Labour Relations Court. In accordance with the decision in Supreme Court Petition No. 5 of 2015 Republic v. Karisa Chengo and others, the proceedings in the High Court were a nullity.

Accordingly, we allow this appeal, set aside the judgment and proceedings of the High Court, and direct that the 1^st appeal be re-heard by a High Court Bench properly constituted by judges of the High Court.

DATED at Kisumu this 28^th January, 2019.

E. M. GITHINJI

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JUDGE OF APPEAL

HANNAH OKWENGU

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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.