JUDGMENT
The appellant was convicted of the offence of manslaughter in the High Court sitting at Kisumu. He had been indicted for the murder of Yuvinalis Onkebo.
The evidence for the prosecution was to the effect that on 13th December 1977 a girl named Maria Kemunto and her sister Kerubo were sitting together outside Kerubo’s house. The appellant came there, got hold of Maria and told her to go with him, pulling her along. Kerubo intervened whereupon the appellant started to beat her. Maria ran to report the matter at the deceased’s house nearby where the deceased was present with Kerubo’s husband Nubi, Samson Tariani and Henry Ongesa. The four of them rushed out and found the appellant still assaulting Kerubo. The firstnamed three men held the appellant to stop him. They got hold of his jacket which he removed; he then took out a knife and stabbed the deceased four times, once in the forehead, twice in the left arm and once in the chest. The deceased died on the way to hospital. The ev…