JUDGMENT
The appellant was charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code. He went through the trial in the High Court in which he was convicted on a lesser offence of manslaughter and sentenced to imprisonment for 8 years. He now appeals to this court against the conviction and sentence.
The facts of the case are that there was a traditional liquor drinking party at the appellant’s home. The deceased went there. According to the witnesses he appeared to be drunk. A quarrel ensued between the deceased and the appellant over chicken. The deceased left the kitchen where they were drinking and went outside. He was followed by the appellant. A few minutes later PW 5 Samwel Njoroge Kimani, a nephew of the appellant, followed them. PW 5 said that when he came out he found the deceased lying on the ground. He heard the deceased tell the appellant not to beat him any more. He went to the appellant and told him not to beat the old man. The appellant…