SOLOMON KACHERA ALUTA V. REPUBLIC

JUDGMENT OF THE COURT

At his trial for the murder of Issa Jeremiah the appellant was convicted of manslaughter, contrary to section 205 of the Penal Code.

The cause of death was shock and haemorrhage from a stab wound 6’ deep in the left chest cavity which penetrated the left lung and its covering and also the left ventricle of the heart and its covering. The wound was consistent with having been caused with a sharp instrument such as a knife.

A woman named Haida Nakesa, also known as Mama Taabu, worked as barmaid in Achiru Club at Magongo in Mombasa District. At one time she had been the appellant’s mistress until he became amorously attached to Mary Akeyo to whom he referred as his wife. While he was associating with Haida the appellant left his shirt and a pair of trousers at her place. On April 4, 1980 Haida was at the club with two of her sisters serving drinks to customers among whom were present Japhet Joseph, Swayi, Sauli Kwajo, Anthony Shuiji Wanga, Moses Luo Aloo and the appell…