JUDGMENT OF THE COURT
When this appeal came up for hearing before us on 13th July 2009 Mr. Kenyariri, who held brief for Mr. Bosire, the learned counsel for the appellant applied for adjournment. That application was rejected and thereafter Mr. Kenyariri addressed us only on the second and third grounds of appeal in the memorandum of appeal filed on 8th July 2009. Those grounds challenged the sentence imposed on the appellant who had pleaded guilty to a lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code and was found guilty of that charge, convicted and sentenced to serve a prison term of 30 years by the learned Judge of the superior court (Lenaola J.). In reply Mr. Kaigai, the learned Principal State Counsel also addressed us only on the sentence. The Court was not addressed on the first ground of appeal which claimed that the learned trial Judge erred in law and in fact as “the plea of guilty was not (sic) equivocal.” We thus treat the ap…