JEFF MUTUNGA MULWA V. REPUBLIC

JUDGMENT OF THE COURT

Somewhere in Makueni County, there lies a small town, a village really, named Ngovi. There, as at the time the events leading to this appeal arose, an enterprising Kenyan who answered to the name Mbithi ran a small shop, a kiosk, where football matches were relayed on cable television and there was also a pool table where customers played at a fee.

In the afternoon of 14th November 2002, at about 4 pm, the appellant herein Jeff Mutunga Mulwa arrived at that kiosk and found some football fans already there. They included Nicholas Mwaniki Wambua (PW2) and Muema Nzuki Mwangangi (PW3). A few minutes later, one Ingui Nthuku, the deceased herein, arrived in the company of Kiiti Maingi (PW1) his friend and neighbour. Upon seeing the deceased, the appellant demanded to know why the former had beaten him the previous night, an accusation the deceased denied. This does not seem to have gone down well with the appellant who seized the deceased by the hand as the latter ran of…