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…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…

…MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render the trial a nullity…

…Konya referred me to the following authorities in support of the argument that breach of section 72(3)of the Constitution would render the proceedings a nullity; i. James Njuguna Nyaga vs R H.C.Cr. No. 50/2004 (Nai) ii.…