•The judge noted evidence that both the accused and victim were drunk and fighting.
• She aid there was no evidence of malice aforethought and rconvicted him of manslaughter instead.
A drunken man charged with murdering a drunken acquaintance over Sh50 chang'aa has been convicted of the lesser crime of manslaughter.
They struggled in the mud, he battered him with a stone and he died the next day in hospital.
Kioko Nzuvi was charged in 2018 with the murder of James Mutua on December 22, 2012, in Makueni county.
On June 25 judge Hedwig Ong'udi ruled that both the accused and the victim were drunk and had been fighting.
“This notwithstanding, the level of force used was excessive and uncalled for. The injuries caused the death," she said.
“I am satisfied that malice aforethought to support a charge of murder has not been proved. I however find the lesser charge of manslaughter [proved]... ," the judge ruled.
The victim's brother heard Mutua had been hit with a stone at Kiongwani market by Nzuvi.
He rushed to the scene and found the accused on top of his brother hitting him with a stone. Others stood by and watched.
On seeing Mutua's brother, Nzuvi took off.
The victim had injuries all over. He was taken to Tisyano Hospital Sultan Hamud the next day because of the hospital strike. His brother died there.
Nzuvi went to a club at 2pm and the barman later said Mutua wanted him to buy him a drink. He wondered why as they were not friends but he bought him Sh50 chang'aa anyhow.
He said he and Mutua's later met behind the club at Mutua's request. A fight ensued, he said, after Mutua demanded Sh50 and slapped him.
Both fell down and they struggled. Mutua took his money and ran, then he ell in some water. The struggle turned fatal.
(Edited by V. Graham)