JUDGMENT OF THE COURT
The appellant was charge in the High Court of Kenya at Eldoret with the murder of his uncle on July, 10th, 1992. After trial he was acquitted of the charge but was convicted of manslaughter contrary to section 205 of the Penal Code and sentenced to seven years' imprisonment.
The material facts presented by the prosecution are simple. In the evening of the day in question, the deceased and the appellant with five other persons were in the house of Selina Kandie (P.W.1) where they were consuming liquor. At some stage during the drinking spree the deceased and the appellant were engaged in a quarrel over a debt of money allegedly owed by the deceased to the appellant who was irked by the former's inability to refund it and his unsatisfactory reply as to when he would repay it. The matter seems to have ended there although according to the evidence the appellant did not look happy. It was not clear at what time the appellant left Selina's house, but when the deceased w…