JUDGEMENT OF THE COURT
The record before us in this appeal shows that Bernard Obiero (PW2) (Bernard) and Davis Monyage Miregwa (PW4) (Davies) were both motor bike riders operating their motor bikes for profit along Ikonge-Chebilat road within Nyamira District. The motor bike Bernard was operating belonged to Phares Mosigiri Nyamongo (PW3) (Phares), whereas the motor bike Davies operated was “contracted” to him by one Kiage.
On 9th February, 2010 at about 7.00 pm., Bernard’s motor bike had a puncture when he was at Nyankano area of Ikonge market. He took it for repair at the same Nyankano area. At about 7.30 pm. Davies was at Nyankano stage at Ikonge market with his motor bike. A man he knew before, as his sister was married at his place, approached him and asked to be taken to Sotik Highlands Tea estate. That man, whose one name he knew as Andrew and who is the first appellant in this appeal, was with another person. Davies told him that as it was late, they would pay Ksh.100 each. They…