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JUDGMENT OF THE COURT
Peter Tomno Ruto, the appellant, was on 5th November, 2004 convicted by the High Court of Kenya at Nakuru, Kimaru, J. on his own plea of guilty to manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to fifteen (15) years imprisonment. He appeals to this Court on sentence only on the grounds; first, that he is the sole bread winner for his family, and second; that he is ailing in goal having suffered from ulcers and TB.
On 18th February, 2004 at about 4:00 p.m. the appellant arrived home to find the deceased's goats and sheep grazing on his farm. He drove them off and went on to repair the fence through which the animals had strayed. While doing so, the deceased who was his cousin and who appeared drunk, rudely answered the appellant that there was nothing he could do to her despite what her animals had done. The deceased then moved towards her house but the appellant armed himself with a panga and hastily followed her. He cā¦