SAMUEL MUCHIRI V. REPUBLIC

JUDGMENT OF THE COURT

[1] Samuel Muchiri, the appellant in this appeal was arraigned before the High Court at Machakos on a charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars of the offence stated that on 18^th day of June, 2012 at Kitengela Township in Kajiado District within Kajiado County, the appellant unlawfully killed Magdalene Muthoni Kimani. The appellant pleaded guilty to the charge upon confirmation of the facts constituting the offence which were narrated to the Court by Mr. Mwenda the learned state counsel for the prosecution.

[2] The facts were simple and straight forward; Magdalene Muthoni Kimani (deceased) and the appellant were both living in a rented house in Kitengela. They were lovers. On the material day, that is on 17th June 2012, the deceased visited her cousin by the name of Simon Mwangi Ngugi in Kitengela area. While there, the appellant came and requested to speak to the deceased; they were engaged in an arg…