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…The application was supported by an affidavit deponed to and signed by the applicant’s counsel Mr G B M Kariuki which comprised of 25 paragraphs. There was however, no replying affidavit from the respondent.…

…In paragraph 8 of the supporting affidavit counsel complained that the lower court failed – (a) to frame the charge, (b) to read over and explain to the applicant and his co-accused the charge so framed and to inform them…