JUDGMENT OF THE COURT
Peter Loroti Ekai, the appellant herein was convicted on his own plea of guilty in the superior court at Kitale of the offence of manslaughter contrary to section 202 as read with section 205of the Penal Code. The particulars of the offence were that on the 1st day of February, 2009 at Milimani Village of Kapkoi Sub-Location Kapomboi Location in Trans Nzoia District within Rift Valley Province he unlawfully killed Samuel Ekai Nakale, the deceased. The record indicates that the initial charge was that of murder contrary to section 203 as read with section 204 of the Penal Code. When plea was taken on 17th March 2009, the appellant pleaded not guilty to that charge and a plea of “not guilty” was entered. However when the appellant next appeared in court on 30th March, 2009 for mention, Mr. Mutuku, Senior Principal State Counsel appearing for the State informed the court (Ombija, J) that the defence had offered a plea of guilty to a lesser charge of manslaughter whic…