Case Metadata |
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| Case Number: | Civil Appeal 243 of 2017 |
|---|---|
| Parties: | Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General, Cabinet Secretary for Internal Security and Co-ordination of National Government & Inspector General of Police |
| Date Delivered: | 24 Jan 2020 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Hannah Magondi Okwengu, Jamila Mohammed |
| Citation: | Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General & 2 others [2020] eKLR |
| Case History: | (An appeal from the Judgment of the High Court of Kenya at Nairobi (J.M. Mativo, J), dated 6th June, 2017 in High Court Constitutional Petition No. 323 of 2015) |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | Constitutional Petition No. 323 of 2015 |
| History Judges: | John Muting'a Mativo |
| History County: | Nairobi |
| Case Outcome: | Appeal referred to the Registrar of the Court of Appeal for a hearing date to be fixed on priority for the appeal to be heard afresh |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: E. GITHINJI, H. OKWENGU & J. MOHAMMED, JJ.A)
CIVIL APPEAL NO. 243 OF 2017
BETWEEN
PETER NDEGWA KIAI
T/A PEMA WINES & SPIRITS...............................................................APPELLANT
AND
THE ATTORNEY GENERAL........................................................1ST RESPONDENT
THE CABINET SECRETARY FOR INTERNAL SECURITY
AND CO-ORDINATION OF NATIONAL GOVERNMENT.....2ND RESPONDENT
THE INSPECTOR GENERAL OF POLICE................................3RD RESPONDENT
(An appeal from the Judgment of the High Court of Kenya at Nairobi (J.M. Mativo, J), dated 6th June, 2017
in
High Court Constitutional Petition No. 323 of 2015)
************************
RULING OF THE COURT
This appeal was heard by a Three-Judge bench that included Githinji, JA who has since retired from service. Although three judgments were prepared and duly signed by the respective judges, the judgments were not delivered while Githinji, JA was still in service. This is because the parties failed to attend Court for delivery of judgment despite the matter being fixed on two occasions and the parties duly served with notices to attend court for delivery of judgment.
As the judgments of the two remaining judges are not concurring, the judgments cannot now be delivered. The appeal is therefore referred to the Registrar of the Court of Appeal for a hearing date to be fixed on priority for the appeal to be heard afresh by another bench excluding, Okwengu, JA and J. Mohammed, JA.
DATED and delivered at Nairobi this 24th day of January, 2020.
HANNAH OKWENGU
.....................................
JUDGE OF APPEAL
J. MOHAMMED
...................................
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR
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