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…On December 1, 1986 notice was filed of amendment of petition of appeal.…

…The effect of the notice of amendment was that the appellant amended his earlier petition of appeal by abandoning the grounds of appeal contained in it and replacing them with the grounds of appeal contained in the amended…

…The 3rd defendant was brought in these proceedings by an amendment of the plaint amended on 19th March 2001. The 3rd defendant filed his defence on 7th May 2001.…

…Rao squarely relies in section 361 97) of the Code as the legal basis for the appeal before us and in support of his contention that the appeal lies to us, he referred us to the Criminal Procedure (Amendment) Bill, 1959 which…

…became the Criminal Procedure (Amendment) Ordinance 1959 which introduced section 361 (7) of the Code.…

…And sub-section 3 of this section provides that: “The charge framed by the magistrate under subsection (2) may be in the same terms as the information furnished by the prosecution or may be an amendment thereof.”…

…In this regard, Mr Kariuki and Dr Khaminwa argued that the word framed requires the magistrate to write out a charge which could be in the same words as the one in the information or an amendment thereof.…

…This was long before the recent amendment to the Constitution. In the case of the 1st accused the officer who took the statement at Nyeri was Chief Inspector Githitho.…