NICHOLAS MULI NGWILI V. REPUBLIC

JUDGMENT OF THE COURT

This is a first and last appeal. It is against sentence only. In an Information filed in the superior court at Machakos on 5^th November 2007, the appellant Nicholas Muli Ngwili was arraigned before that court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of which were that on the night of 13^th and 14^th day of August 2007, at Muvuti Location, Kivandini Sub-location, Kyangundi village in Machakos District, within Eastern Province, he murdered Josephine Martha Kituku. He was produced in court on that day and on several days thereafter but for one reason or another, plea was not taken. On 2^nd April 2008, the appellant, through his counsel at that time, indicated to the court that he wanted to offer a plea of manslaughter. On 4^th April, 2008, another Information was filed, this time the appellant was charged in that information with the offence of manslaughter, contrary to section 202 as read with section…