CALEB NYANG'AU MANYIZA V. REPUBLIC

JUDGMENT OF THE COURT

On 12th July, 1999 at about 9.00 a.m., R K (PW 1) was at her farm harvesting millet. She was with her NN N(to whom we shall hereinafter refer as “the deceased’’), aged 3 years and 8 months. The appellant, Caleb Nyang’au Manyiza, was also working in a farm adjacent to R farm. After sometime at about lunchtime, the deceased left her home, which was about one kilometer away. The appellant also left his farm at the same time but did not accompany the deceased as he left his farm. At about 1 p.m., the same day, K N (PW 5 ) a student in Std. VII at a nearby primary school, who had left school for lunch, found the appellant and the deceased at their (K) home sitting outside the house.

She (K ) prepared ugali and served the appellant and the deceased. The two ate outside as K returned to school. The appellant later returned to R farm and asked R, if the deceased had returned to her. By that time, R had been told by K that she (K) had left the appellant and the deceased eat…