Judgment.
The appellant clement Nyanganatha Marii was convicted of the lesser offence of manslaughters, having been charged with murder, and sentences to 12 years’ imprisonment. He appeals to this court against the sentence but in fact several matters of legal principle arise which affect his conviction.
Mr Ombete who undertook the defence of the appellant, hard tried had to put before the court the defence of insanity. In his final address he ended with the remarks that the only rational explanation of the accused’s conduct was insanity, and therefore a proper verdict should be not guilty of murder, but rather guilty although insane. The basis for such a submission must be section 166(1) of the Criminal Procedure Code which unfortunately was not specifically referred to, as far as we may judge from the record. That section provides:
“166(1) where an act or omission is charged against a person as an offence and it is given in evidence on the trial of that person for that offence that he …