JACOB NABANYI V. REPUBLIC

JUDGMENT OF THE COURT

This is an appeal against sentence only. The appellant pleaded guilty when he was arraigned before the High Court on the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code having originally been charged with murder in the same court. The particulars of the charge as contained in the information dated 13^th October, 2008 were that:-

“On the 5^th day of May, 2006 at Tree Top Village Wamba in Samburu District within Rift Valley Province, unlawfully killed Pius Ego.”

The facts that were read to the court and which the appellant admitted were that on 5^th May, 2006, at about 11.00 a.m., the appellant and the deceased went to a bar. They drank alcohol and chewed miraa for sometime. They then went outside and they started to argue between themselves on some issue. That argument developed into a fight between the two of them. As they were being separated, the appellant, who was armed, stabbed the deceased in the abdomen. The deceas…