JUDGMENT OF THE COURT
Charles Wambua Mutia, the appellant, aged 23 was convicted on his own plea of manslaughter and sentenced by the High Court (Bhandari, J.) to 4 years imprisonment.
He unlawfully killed his friend Daniel Musyoka Mutia on April 28,1982 at Magongo in Mombasa by fracturing his head when he butted him.
They were playing a game of draughts and there was a dispute which led to a fight.
He was a first offender, and only son, a casual laborer and in remand for about a year before he was sentenced.
The learned judge took all these matters into account before he sentenced the appellant.
There was only one blow inflicted by the appellant, it is true, but he left his friend where he lay. His sister found him there later and he was dying.
The sentence was legal, appropriate and not manifestly excessive.
The appeal is dismissed.
Delivered at Mombasa this 20th day of July, 1983.
K.D. PORTER
Judge of Appeal
A.A. KNELLER
Judge of Appeal
A R W HANCOX
JUDGE OF APPEAL