Samson Palingo vs Republic, Criminal Appeal no 324 of 2021.

This case Provide the issue of fighting which resulted to death of one party is manslaughter and not murder. The court had this to say:

It is evident from the above-quoted excerpts that: One, the
appellant’s defense version regarding the reason for his moving around while armed with a bow and arrows was not only uncontroverted but also
it was supported by PW1, and two, the possibility of there having been threats from the deceased as to result into a confrontation as alleged by the appellant, remained largely uncontested. Now, assuming as it appears from the evidence that there was a confrontation between the appellant and deceased, the law has always been that in such circumstances, it is not safe to infer malice aforethought on the part of the accused person.

On this point, we are guided by ourown decision in the case of Mathayo Mwalimu and Masai Lengwa v.Republic [2009] TLR 271 where we held that, in such a situation it is safer to ground a conviction of manslaughter instead of murder.

In view of our analysis above, we find that the prosecution had
failed to discharge its statutory duty to prove malice aforethought beyond
reasonable doubt. Overall, we find that, the offence of murder of which the appellant was convicted was not proved to the required standard.

In the ultimate event, we quash the appellant’s conviction for
murder and set aside the sentence of death by hanging meted out on him.
Instead, we substitute it with a conviction of a lesser offence of manslaughter under section 19t of penal code.