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…omission or irregularity has occasioned a failure of justice: Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection…

…Of course I am satisfied that the objection being raised now in this appeal could not have been raised at an earlier stage in the proceedings becausethe appellants, laymen in law, were not represented by an advocate before…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…He submitted that although a charge can be amended at any time before the close of the prosecution’s case, an accused person has the right to raise an objection at the earliest stage.…

…only in the case of the appellant Zadock Erude Keya that all documents were copies as the original was not found and that when the copies were used, the learned counsels for the appellants were present but did not raise objection…

…As Mrs Muinde pointed out, the learned advocates were present in the Court but there is nothing on the record to show that they raised any objection.…