JUDGMENT OF THE COURT
The appellant, who had one conviction for an assault nine years later, was convicted by the High Court at Kisumu upon his plea of guilty to the offence of manslaughter and given two years imprisonment.
According to the facts stated in the High Court, and accepted by the defence, at about 2 pm. On Christmas Eve, 1978, the deceased Frederick Onyango, was in company with two of his friends at Maseno walking towards Mabundi. After passing the Ministry of Works Camp they met the appellant standing at a bus stop with three women. The deceased’s two friends then entered into a quarrel with the appellant, and one of them cut the appellant on the shoulder with a knife. The deceased ran back to help them, and was himself fatally stabbed with the knife by the appellant. He died immediately, and the post mortem showed that the cause of death was shock and haemorrhage due to a cut wound in the left chest with a sharp weapon.
Only the testimony of one of the witnesses called at t…