COLLINS KISANDA ODUOR V. REPUBLIC

JUDGEMENT OF THE COURT

The record before us shows that Tisiana Wanjiku Mburu (PW1) in the Criminal Case Number 1135 of 2006 in the Senior Resident Magistrate's Court at Rongo, was the wife of one Leonard Mburu Mwangi. They were doing business in Rongo Township of Migori District and lived there. On the night of 18^th and 19^th August, 2006, at about 4.30 am they were asleep in their house. She heard a loud noise like that made by an electricity spark. She woke up and shone a torch only to find that her husband Leonard was not in the bedroom. That was the time when he used to wake up and that was the time when bread from Kisumu was usually delivered to their shop. Tisiana was not aware as to when her husband went out of the bedroom.

She went out of the bedroom and she heard her husband telling her to switch off electricity main switch. She complied. She then went outside, and saw a red torch. She suspected presence of strangers within their compound. She went back to the bedroom and locke…