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…Section 200 of the Act provides for incoming magistrates taking over uncompleted trials by other magistrates but section 200 (4) specifically provides: “Where an accused person is convicted upon evidence that was not wholly…

…the case of Mwangi vs Republic [1983] KLR 522, this Court held that: “A retrial should not be ordered unless the appellate court is of the opinion that on a proper consideration of the admissible or potentially admissible evidence…