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…He said the omission to consider the defence is an incurable error of law. Grounds 2 and 3 were argued together.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

…Indeed, that was an error of law on the face of the record in the application to set aside his judgment dated 20th May, 1998.…

…I therefore hold that the learned judge did not fall into any error of law when he took the appellant’s conduct into consideration in quantifying the damages and I am in disagreement with Mr Hayanga on that score.…