JUDGMENT OF THE COURT
The appellant, JOSEA KIBET KOECH, was arraigned before the Principal Magistrate’s Court at Kapsabet in Criminal Case No. 1879 of 2007 on a charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The particulars of the offence were that on the 14th day of April, 2005 at Chepkomia location in Nandi North District of the Rift Valley Province, the appellant unlawfully killed ZEDI CHEROP KOECH. The appellant readily admitted the offence when the charge was read to him on 20th June, 2007 by the Senior Resident Magistrate (J.M. Njoroge, Esq.). The matter was adjourned to 25th June, 2007 when the court prosecutor Inspector Sitati gave the facts. The prosecutor is recorded as having told the court as follows:-
“The accused is a brother in law to the deceased’s mother. On 14th April, 2005 the deceased was walking with his mother. The accused went armed with jembe, and started to quarrel with deceased’s mother at 9.40 a.m. She ran away and l…