JUDGMENT OF THE COURT
In his notes on sentence, the learned trial judge observed that it was easy to understand the appellant's anger on discovering that his wife, now deceased, stole a large sum of money from him. He also observed that that notwithstanding, the appellant had no right to viciously attack the deceased in order to extract a confession from her.
The deceased had taken Kshs.6,000/= from the appellant's coat pocket and had given it to her cousin called John. On questioning by the appellant, she had refused to own up the taking of that money the result of which he assaulted her with a piece of firewood on the head inflicting serious head injuries which resulted in her death soon thereafter. It was during that assault that the deceased confessed having taken the money in question and given it to her cousin.
The mitigation proffered on behalf of the appellant by his counsel in the superior court after his plea of guilty and conviction for the offence of manslaughter was similar …