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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.…

…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…

…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…

…That section reads as follows: “where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion…

…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…

…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…

…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…

…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.…