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…against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of the Constitution…

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…

…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.…