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…As matters stood, argued Mr Mwirichia, the appellant was not served to attend a public examination, no such examination was carried out by the court and the subsequent adjudication is rendered null and void.…

…Mr Mwirichia contends that the failure to hold a public examination is fatal and renders the adjudication null and void. There was no authority directly covering that submission.…

…She added further that non-compliance with the provisions of the Criminal Procedure Code made the proceedings null and void and that they should be quashed and the applicant and his co-accused set at liberty.…