JUDGMENT OF THE COURT
1. BERNARD KIPLIMO LELE (deceased), died on the 7th day of November, 2008 following head injuries he sustained on the 5th November, 2008 at Salgaa Trading Centre. In the Information dated the 20th day of November, 2008, ROBERT KIPLIMO MALAKWEN (appellant), stood charged of murder, the particulars of the offence being that with another not before court they murdered the deceased herein. The appellant denied the charge. At the close of the prosecution’s case consisting of the evidence of nine (9) prosecution witnesses, the appellant was found to have a case to answer, but at the end of the defence case the trial court found that a case of manslaughter, not murder, had been made out, and convicted the appellant and sentenced him to serve a prison term of eight (8) years. Being aggrieved by that decision the appellant preferred this appeal.
2. The appellant attacks his conviction in the grounds to be found in the Supplementary Memorandum of Appeal and they are, that th…