JUDGMENT
(Appeal from a Conviction and Sentence of the High Court at Kisumu, Butler-Sloss J)
April 6, 1988, Nyarangi, Gachuhi and Apaloo JJA delivered the following Judgment.
The appellant appeals against his conviction of murder at the High Court, Kisumu on 11th April, 1986 after a trial held by Butler-Sloss, J. The following is the trial Judge’s note of the proceedings of the plea:
“In Luo
Charge put again to accused: explained – he answers
“I understand the charge:”
“I killed him:”
(Mr. Nyamori allowed to advice his client – he asks the charge to be put again), charge is yet again put to the defendant who says:
“I killed him because when he approached me in the shamba where I was digging, and he asked me ––“You dog – what are you doing here?
Then I asked him
“You old man, you are insulting and abusing me;
What have I done to you? He answered:
You dog – you should not reply to me.” He then hit me with his fist.
He hit me once, and I fell down: - when I fell down, I started running away. I had a …