WALTER MARANDO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant and another man were charged with the murder of Narkiso Deya. They were acquitted of murder, but convicted of manslaughter, in the High Court at Kisii (Cotran J). The appellant was sentenced to four years’ imprisonment, and the other man to one day. The appellant now appeals from his conviction and sentence.

The facts of the case are as follows. On 20th January 1979, the deceased was at Homa Bay. He was carrying a hand-bag containing personal property. For some unknown reason he was accused of being a thief. He dropped the bag and ran away. He was chased by a number of people, who caught up with him and beat him to death with sticks. The cause of death was multiple bruises and lacerations all over the body, and a ruptured spleen.

On the following day the appellant went to Homa Bay police station and made a report concerning the events leading to the death of the deceased. As a result of what he said, he was cautioned by Ins Kamau. The appellant then ma…