JUDGMENT OF THE COURT
This is a first appeal against sentence and therefore this Court as the first appellate court is entitled to consider not only the legality of the sentence but also the severity of it.
The appellant was on the 8th day of August, 2006 charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He denied that charge when he first appeared for plea before the trial Judge in Nakuru on 25th September, 2006 and was remanded in custody to await his trial. Subsequently, he offered to plead to a lesser charge of manslaughter and the offer was accepted by the State. The charge was substituted to one of manslaughter contrary to section 202 as read with section 205 of the Penal Code and the appellant unequivocally pleaded guilty to that charge on 17th January, 2007. He also accepted as true, the facts put forward in relation to the offence as follows: -
“On 17/7/2006 at about 3.15 p.m. the deceased who was a waiter at workers’s (sic) c…