JUDGMENT OF THE COURT
In LOKWACHARIA v. REPUBLIC [2005] 2 KLR 379, this Court expressed itself as follows, regarding the consequence of a judgment of the High Court that is not signed by the presiding officer or both presiding officers where the appeal is heard by two judges:
“The judgment of the High Court appealed from was dated but not signed by one of the two judges of the High Court. That means there was no valid judgment of the superior court before us. We are therefore, precluded from considering the merits or demerits of the said judgment of the superior court.”
That position has been reiterated in a number of subsequent decisions, among them FERDINAND INDAGASI MUSEE and ANOTHER v. REPUBLIC, CR. APP. NOS. 370 and 372 of 2010 (MSA) and PETER MWANGI WAITHAKA v. REPUBLIC, CR APP NO. 3 of 2013).
The judgment of the High Court at Mombasa (Azangalala, J.,) as he then was, and Odero, J.) dated 14th May 2010 upon which the appeal before us is purportedly founded, is not signed by either o…