JUDGMENT OF THE COURT
Antony Njue Njeru, the appellant herein, was tried by Onyancha, J sitting with assessors on an information which charged him with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge were that on the 18th day of July, 2002 at Chiromo, Nairobi River, next to Nairobi University within Nairobi Area the appellant murdered David Sila Kimuyu, herein called “the deceased”. After a full trial, the learned Judge and the three assessors found the appellant not guilty of murder as charged but of the lesser offence of manslaughter. The appellant was consequently sentenced to three years imprisonment.
The appellant’s trial commenced on 25th March, 2003 . From the prosecution evidence the appellant was a police constable who, on 18th July, 2002 was on duty and, as such, had been supplied with a firearm, a Ceska Pistol Serial No. 6006, with 15 rounds of ammunition. Together with a colleague PC Bernard Mikaye (PW3) who was also a…