JUDGMENT OF THE COURT
This is an appeal from the judgment of J.L.A. Osiemo J. convicting the appellant Nicodemus Arasa Onzembe of manslaughter and sentencing him to four years imprisonment. The appellant was charged with murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 of the Laws of Kenya. The alleged offence was committed on 30th August 2003 in Njathaini Village in Nairobi. The superior court convicted the appellant of the lesser offence of manslaughter having found that the appellant “though he used his gun carelessly, had taken some drinks and had quarreled with the deceased and they had struggled before the shooting.” Osiemo J. held that these facts tended to reduce the offence to manslaughter, which was also the unanimous verdict of the three assessors. The appellant was a police officer of six years standing when the incident occurred. He was armed with a revolver. He admits that he fired the gun, shooting the deceased Paul Kamau Wamaitha in the h…