JUDGMENT
A. Introduction
The appellant moved this court vide petition of appeal dated January 20, 2021 and filed on February 1, 2021. The same is filed as a matter of right pursuant to article 163(4)(a) of the Constitution, the Supreme Court Act and rule 36(1) of the Supreme Court Rules, 2020. The appellant is challenging the decision of the Court of Appeal delivered on December 18, 2020 on the interpretation and application of various provisions of the Constitution.
B. Background
The appellant was a Principal Magistrate serving at the Mombasa Law Courts at the time of his dismissal. One of the files he handled was Mombasa CMCC No 974 of 2014 Issa Mganga Mwangunya & another v Macharia Karango & another in which he had reserved judgment for August 19, 2015. He delivered the judgment a day earlier than scheduled, being August 18, 2015 and in the presence of the defendant’s counsel who emerged victorious. Counsel for the plaintiff in the case filed a formal complaint against the appellant th…