JUDGMENT OF THE COURT
The appellant was on 28th August, 2006 arraigned before the High Court in Nakuru for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. His trial with the aid of assessors commenced and the prosecution called three witnesses to testify before the case was adjourned for further hearing. It is at that stage that the appellant offered to plead to the lesser offence of manslaughter and the offer was accepted by the prosecution. The charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code was substituted on 16th June, 2009, alleging that the appellant did on 17th November, 2005 at Sesia Sub-location, Wamba, in Samburu District, Rift Valley Province, unlawfully kill Loponin Lentadanya. He pleaded guilty to that charge and further, freely accepted as truthful, the following facts as put forward by the prosecution:-
“On 17th November, 2005 at about 8.30 a.m the accused went to the deceased’s house and …