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 1st appeal be re-heard by a High Court Bench properly constituted by judges of the High Court.
DATED at Kisumu this 28th 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.