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…The proceedings arose from Criminal Case No 5167 of 1990 in the Court of the Chief Magistrate in Nairobi by way of committal proceedings prepared under part VIII of the Criminal Procedure Code.…

…The relevant records appear at pages 35, 36, 44 and 45 of the typed copy of the lower court’s proceedings.…

…appellant was arrested on 5th April, 2003, he was not presented before the Court for plea until 14th October, 2003 and that indeed the information on record herein and dated 24th September, 2003 was intended for committal proceedings…

…But we are aware that by then the law had been amended in July, 2003 to remove the process of committal proceedings.…

…Not only are the sittings of Parliament at an end, but all proceedings pending at the time are quashed… Every Bill must therefore be renewed after a prorogation as if it were introduced for the first time.”…

…Such a provision would have been unnecessary if subsidiary legislation laid before the house were regarded as proceedings pending at the time of prorogation which are quashed by prorogation.…

…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…