IN THE COURT OF APPEAL
AT KISUMU
(Coram: Madan, Miller and Potter JJ A)
CRIMINAL APPEAL NO 46 OF 1978
BETWEEN
JOSEPH MOKWA ...............................................APPELLANT
AND
REPUBLIC...........................................................RESPONDENT
(Appeal against the sentence by Cotran J in the High Court, Kisii, on 20th September 1978)
JUDGMENT
The appellant was convicted of the offence of manslaughter in the High Court sitting at Kisumu. He had been indicted for the murder of Yuvinalis Onkebo.
The evidence for the prosecution was to the effect that on 13th December 1977 a girl named Maria Kemunto and her sister Kerubo were sitting together outside Kerubo’s house. The appellant came there, got hold of Maria and told her to go with him, pulling her along. Kerubo intervened whereupon the appellant started to beat her. Maria ran to report the matter at the deceased’s house nearby where the deceased was present with Kerubo’s husband Nubi, Samson Tariani and Henry Ongesa. The four of t…