JUDGMENT OF THE COURT
The appellant, STEPHERN ONYANGO OTIENO, was originally charged with murder contrary to section 203 as read with section 204 of the Penal Code but the charge was reduced to manslaughter contrary to section 205 to which the appellant pleaded guilty, was convicted and sentenced to twenty years imprisonment. The facts as narrated by the learned State Counsel (Mr Mutai) were as follows: The appellant and the deceased were living together as man and wife in their home in Usenge, West Yimbo Location, Bondo District, Nyanza Province. On 26th December, 2001 the deceased went to visit her neighbour at about 8.00 a.m. and upon her return, she told the appellant that she wanted to take her neighbour (Caroline) to a dispensary. The appellant did not assent to this on the ground that 26th December being a public holiday the said dispensary was not functioning. The appellant was also preparing to go fishing as he was a fisherman. The couple had a child who was one year old. Afte…