IN THE COURT OF APPEAL
AT NAIROBI
(Coram:A A Kneller ,E E J E Law ,C B Madan )
CRIMINAL APPEAL NO. 101 OF 1981
PETER MULWA .........................APPELLANTS
VERSUS
REPUBLIC...................................RESPONDENT
JUDGMENT
Criminal law -murder -provocation -self defence -pre-meditation -sentencing Criminal law -murder -accused attacked afte r argument -accused kicked once on attacker -no weapons used -attacker complained of pain on following day -attacker died later after surgery -whether accused provoked - whether accused acting in self defence -whether accused retaliated excessively -whether prosecu tion proper Criminal law -sentencing -charge of murder -conviction for manslaughter - accused provoked and acted in self defence —accused a first offender - accused in remand for 21 months -sentence of 21⁄2 years imprisonment - whether sentence excessive
The appellant was followed and attacked by the deceased after the two of them had had an argument at a bar. In the ensuing struggle, the a…