JUDGMENT OF THE COURT
Antonius Odhiambo “the deceased” and Absalom Agesa Otieno (PW1) were welders in the employ of Kay Construction Company based in Athi River, Machakos County. On 8th November 2011 at about 7.00 pm they were on their way home from work when they boarded a matatu from Mlolongo enroute to their home at Pipeline Estate in Embakasi. The conductor of the Matatu was David Gatembo Mbeti, “the appellant”. Along the way the appellant asked for fare of kshs 20/= from each one of them. PW1 allegedly gave the appellant a 200/= shilling note and expected change of kshs 160/= but the appellant instead gave him kshs 60/ =. An argument over the change ensued which soon degenerated into a scuffle and thereafter into a confrontation with a fatal consequence. It is alleged that in the process of the scuffle, the appellant hit PW1 on the head using his fist and when the deceased saw this and joined the fray, the appellant pulled out a screwdriver and stabbed the deceased on the leg. Whe…