JOHN KIBE MURIMA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, John Kibe Murima, was convicted on his own plea of guilty on a charge of manslaughter contrary to section 202(1) as read with section 205 of the Penal Code and sentenced to ten years imprisonment. The facts as stated by the learned State Counsel before the superior court (Etyang J) were as follows:-

On the 25th December, 1997 the appellant was drinking with his four friends at Gikambura Trading Centre. The appellant and his friends then proceeded to the appellant's home. The appellant sent his wife, Salome Njoki, to the shop and when Salome came back she found one of appellant's friends crying. On inquiring from the appellant what was happening, the appellant started beating her. When the four men tried to intervene, the appellant chased them away. The appellant's wife then ran to the deceased's house and the appellant followed her. The deceased went out to look for assistance and on coming he found the appellant damaging his (deceased's) property. T…