JUDGMENT
(Appeal from a Conviction and Sentence of the High Court at Nairobi, O’Connor J)
January 14, 1988, Platt, Gachuhi JJA and Masime Ag JA delivered the following Judgment.
The Appellant was charged with murder, but was convicted of manslaughter and sentenced to 4 years’ imprisonment.
It was found that on 22nd December 1985 the witness Waititu Ngage (PW3) fell into a quarrel with the Appellant. The latter knocked him down, kicked and hit him. The nephew of Waititu, Ndungu Kangethe, came up to them and asked the Appellant why he was killing “his father.” Ndungu separated them by getting hold of them. The Appellant then went some distance, picked up a stone, came back and hit Ndungu on the head with it, by throwing it. In fact the Appellant threw two stones. When Ndungu was hit, he fell down motionless and the Appellant ran away. The Appellant was chased by Daniel Njoroge Kibe (PW7), and threw stones at this witness. The scene was also observed by Paul Kinuthia (PW5) who came out of hi…