JUDGMENT OF THE COURT
The appellant Edwin Otieno Odhiambo was charged with murder contrary to section 203 of the Penal Code as read with section 204 of the same code. The particulars of the charge are that on 20th day of December, 2003 at Nyamasaria area within Kisumu District of Nyanza Province jointly with another not before the court, he murdered Victor Joab Odhiambo, the deceased.
After a full trial in the superior court, the court reduced the charge of murder to manslaughter and convicted the appellant to the new charge and sentenced him to fifteen (15) years imprisonment. Aggrieved by the conviction and sentence he filed a memorandum of appeal to this Court on 31st July, 2009 which raises the following grounds:-
“1. The superior court erred in law in failing to appreciate that the failure of prosecution to call Kevin Otieno as a witness was fatal to the case.
2. The superior court errred in failing to appreciate that failure of the prosecution to hold an identification parade for th…