JUDGMENT OF THE COURT
1. By a memorandum of appeal dated 29th October, 2008 the appellant, Clement Kiptarus Kipkurui appealed against the conviction for the offence of manslaughter and sentence of 15 years imprisonment imposed by the High Court of Kenya at Nakuru (Koome, J) (as she then was) on 24th October, 2008. The grounds of appeal as set out in the memorandum of appeal filed on 29th October, 2008 are that:
“(a) The appellant did not plead guilty at the trial.
(b) The learned trial judge erred in imposing an excessively harsh sentence given the circumstance of this case.
(c) The trial judge erred in failing to consider the appellants reasonable explanation in Defence of how he unwillingly caused the death of his beloved wife.
(d) The death was as a result of one shot fired unintentionally.”
2. Based on those grounds, the explanation given by the appellant (who was not represented by counsel) and the mitigating factors, the appellant prays that that sentence be reduced to the minimum.
3. …