JUDGMENT OF THE COURT
The appellant herein, JOHN ERENG ECHUKULE, was initially charged with the offence of murder and some four witnesses testified in relation to that charge. The state however withdrew that charge and substituted a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code, Cap. 63, Laws of Kenya. The charge and facts were read over and explained to the appellant and he accepted those facts. He was convicted accordingly and was sentenced to serve 15 years imprisonment.
The events that led to the charge occurred in Neminyeu Manyatta in Turkana District of Rift Valley Province. On the 6th July, 1998, the appellant was in the house of one M.N.E. together with one P.A. the mother of a one-year old female child. The mother of the child placed her on a bed and left the house to attend to a quarrel that was taking place in the neighbourhood. M also left the house for a short call, leaving the appellant alone with the sleeping child. Short…