JUDGMENT
The appellant was a police officer performing spiv duties at the Makupa Police Station in Mombasa. He was charged with the murder of his girlfriend contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on the October 2, 2017 at the Makupa Police Lines in Mombasa City within Mombasa county murdered Judy Wangari Wanja. The appellant pleaded not guilty to the charge and was taken through a trial in which the prosecution called 12 witnesses.The appellant on his part gave a sworn defence and called no witness.
After the trial, the learned trial judge, in a judgment delivered on the April 21, 2022, substituted the charge of murder and convicted the appellant for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Thereafter the learned trial judge, in a ruling delivered on the April 27, 2022, sentenced the appellant to 13 years imprisonment.
Being aggrieved by the judgment of the trial court, the appellant fi…