JUDGMENT OF THE COURT
Morris Aluoch (the appellant), was convicted of the offence of murder contrary to Section 203 of the Penal Code as read with Section 204 thereof. The conviction followed the trial in the superior court at Nakuru. The appellant appeals against his conviction and sentence of death.
Mr. Konosi who appeared for the appellant confined himself to arguing only one ground of appeal namely that “the learned trial Judge erred in law and in fact in holding that the appellant was guilty of murder, when the facts disclosed the offence of manslaughter.” For this, the only remaining ground of appeal, facts become relevant.
In view of the stand now taken by the appellant his version of what happened on 24th July, 1994 becomes irrelevant. When the deceased and his wife were in the house once occupied by the appellant and the deceased, the appellant came to the house and demanded to know what the deceased and his wife (P.W.1) were doing in his (the appellant’s) house. An argument ens…