JUDGMENT OF THE COURT
The appellant before us, WILLIAM POWON LOITASIWA, was initially charged with the offence of murder but it was reduced to one of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He pleaded guilty to that offence and was convicted accordingly and sentenced to serve 7 (seven) years imprisonment. It had been alleged that on the 26th day of May, 2002 at Mitume Estate in Trans-Nzoia District within the Rift Valley Province, he unlawfully killed Lucy Nyambura. The deceased was his estranged wife and she had custody of the three children of their marriage.
In the appeal before us, the conviction is not challenged. But the appellant pleads for mercy and reduction of the sentence on the grounds that he is truly remorseful; suffers from hemorrhoids and arthritis; his parents are deceased; and he wishes to take care of, and educate his three children. These however are the self-same mitigating circumstances that were considered by the superior…