JUDGMENT OF THE COURT
Philip Mwendwa Mutisya (PW1), was the complainant in Criminal Case Number 2883 of 2006 lodged in the Chief Magistrate’s Court at Mombasa. He had been employed as a messenger with Bawazir Company whose proprietor was Hafidh Said Bawazir (PW2). Part of his duties entailed banking money on behalf of the company. He had been on this job for close to 33 years. On 8th August, 2006 at about 11 am. in the company of PW2 they left for Habib Bank to deposit Kshs.220,000/-. PW1 was walking a few steps ahead of PW2 and had carried the money in a black paper bag. They decided to walk to the bank since the motor vehicle they would have used for the purpose had broken down. As they walked, PW1 was suddenly attacked when someone grabbed him and held him by the neck and knocked him down rendering him comatose. When he came to he realized that Kshs.76,000/- out of Kshs.220,000/- he was carrying could not be accounted for. Apparently it had been taken by his attackers. PW2 saw all t…