DAVID GACHAU GICHIA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant David Gachau Gichia was convicted by the superior court (Kimaru, J.) on his own plea of guilty to the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. He had originally been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code but he offered to plead to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, shortly before the hearing of the case commenced which prosecution accepted. The particulars of the charge of manslaughter were that the appellant, on the 20^th day of December 2005 at Tayari Estate, Molo Township in Nakuru District, within Rift Valley Province, unlawfully killed Fanuel Ophuka Mbumile. The appellant further unequivocally accepted the facts as put forward by the prosecution as follows:-

“On the 20/12/05 at around 7.00 p.m. the deceased was sent by his father to buy some items from the shop. He le…