SAMUEL KAMAU V. REPUBLIC

JUDGMENT OF THE COURT

In an information presented to the High Court at Nakuru as the trial Court on 22^nd January, 2008, the appellant was charged with the offence of murder contrary to sections 203 and 204 respectively of the Penal Code. The particulars of the charge were that on the 27^th day of August, 2006, at Narok Township in the then Narok District of the Rift Valley Province, he murdered Bashir Ali. On 27^th February, 2008, he entered a plea of not guilty. However, on 14^th April, 2008, the appellant indicated that he was ready and willing to plead guilty to the lesser charge of manslaughter but on 6^th May, 2008, the appellant’s offer was rejected by the State and the matter set down for hearing on 16^th June, 2008. Thereafter, the hearing did not take place on three appointed hearing dates mainly due to the inaction on the part of the prosecution; and on 16^th October, the appellant, through his advocate, repeated the earlier offer of pleading to the lesser charge of manslaughter an…