REPUBLIC V. KARISA CHENGO, JEFFERSON KALAMA KENGHA & KITSAO CHARO NGATI

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] This appeal raises a fundamental issue which has, for sometime now, engaged the Judges of the three superior Courts in this country: whether or not the Judges of the High Court, Judges of the Environment and Land Court (ELC) and Judges of the Employment and Labour Relations Court (ELRC) have jurisdiction to sit in any and/or all of the three Courts. Given the huge backlogs in our Courts, the determination of this issue is of great significance in the administration of justice in this country. The appeal also raises another equally important issue: whether or not failure to assign legal counsel, at State expense, to defend an indigent person charged with a capital offence is a violation of his or her constitutional right to a fair trial and renders his trial a nullity.

B. BACKGROUND

Relevant Facts

[2] The facts giving rise to this appeal are fairly straightforward. The respondents were charged in various Magistrates’ Courts, with the offence of rob…