JUDGMENT OF THE COURT
This is indeed a very sad case whereby a noble attempt by the Administration Police officers and the Assistant Chief of Ting’ang’a to apprehend robbers who were freely waylaying and viciously attacking villagers along Ndumberi – Githunguri road junction during the night of 21st February, 2002, resulted in the tragic death of a young girl of about 15 years.
The appellant WYCLIFFE OTIENO KAHUMBA, an Administration Police officer attached to Ting’ang’a Chief’s Office was after trial convicted of manslaughter and sentenced to 3 years imprisonment. He had initially been charged with murder whose particulars according to the information was that on the 21st day of February, 2002 at Ting’ang’a village in Kiambu District within Central Province murdered M N, hereinafter referred to as the deceased.
Briefly, the prosecution case is that on 21st February, 2002 at about 10 p.m. Stanley Mathu (PW4) was on his way to Ting’ang’a Shopping Centre when he was attacked at the Ndumber…