JUDGMENT
February 23, 1989, Platt, Gachuhi and Apaloo, JJA, delivered the following judgment.
The appellant pleaded guilty to manslaughter before Nakuru principal Magistrate and convicted on his plea. He accepted as correct the facts which were related to court by the prosecution. In his mitigation before the sentence was passed he said:
“On December 8, 1985 at 1 pm I was in the house when I was attacked. I have 5 children some of them are small. Two are in secondary school. I defended myself. I do not know why I was attacked because we lived in separate homes.”
He was then sentenced to a term of 4 years imprisonment. The deceased was accused’s nephew who was hacked to death in the appellant’s house which was locked from inside. People outside pleaded with the appellant not to kill the deceased but he continued hacking him. The deceased had also pleaded with the appellant not to kill him but the appellant did not heed to his plea.
Mr Ochieng-Odhiambo filed an appeal in the High Court on fo…