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…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.…

…Perhaps amendment to provide for one concept of handling would be useful. Dated and delivered at Mombasa this 21st day of July, 1987.…

…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.…