JUDGMENT OF THE COURT
In these circumstances, is an unusual controversy that turned out to be a storm in a teacup which turned fatal. Joshua Nkuruna, (the deceased) was the caretaker of certain premises within Bisil trading center in Kajiado County where the appellant resided as a tenant. On the night of 11th and 12th of January, 2012 at around 10.30 p.m. the appellant and his two co-accused persons, who had been drinking alcohol left the bar for the appellant’s house for dinner. Upon dinner being served, the appellant realized that they did not have spoons for everyone. It is at that point that he remembered that he had previously given the deceased his spoon.
It was the prosecution’s case that the appellant went to the deceased person’s door and demanded for his spoon in a provocative manner. He hurled insults at the deceased while throwing stones at the deceased’s house. According to PW6, a cousin to the deceased who was spending the night at the deceased’s house, the deceased who ha…