JUDGMENT OF THE COURT
The appellant, Patrick Kihara Njoroge (the appellant), had been charged with murder contrary to section 203 as read with section 204 of the Penal Code Cap. 67 Laws of Kenya but after his trial was found guilty of the lesser offence of manslaughter and accordingly convicted. He was subsequently sentenced to five years imprisonment.
During the trial of the appellant in the High Court, the prosecution called eight witnesses. The summary of the prosecution case was that on 5th May 1998 at about 10.00 p.m. the deceased George Chege was with others in a bar at Wanyororo market when the appellant with four other men arrived in a lorry. The appellant and his group entered the bar where George Chege (the deceased) was and an argument erupted regarding an organisation known as "Puma". As the deceased went out he was attacked by the appellant who stabbed him with a knife. The deceased died on his way to hospital. Dr. Edward Vilembwa (P.W. 7) who conducted postmortem examinati…