JUDGMENT OF THE COURT
Due to an argument at a dance at the house of one Nyamboko - following a funeral ceremony earlier that day, May 30, 1981, the appellant admittedly struck the deceased on the head with a stick. There was a dispute as to whether the group of people who came from Kanyawegi sub-location, which included the deceased, should take part in the dance. It was said in the High Court, and accepted by the appellant's advocate, that when they did so, and accepted by the appellant's advocate, that when they did so, the appellant strongly objected to the deceased dancing with a girl named Akech Nyambaga and accordingly struck him one blow on the back of the head with a rungu.
Two days later the deceased was taken to hospital, but died on June 3. The post mortem revealed that he had received a fracture of the cervical spine with heavy internal bleeding, and that the cause of death was shock and haemorrhage due to that fracture.
On pleading guilty to the offence of manslaughter the a…