JUDGMENT OF THE COURT
On the morning of 13th November, 2009, a daring daylight robbery was carried out at the business premises of Basco Paints Products (K) Ltd at Embakasi, Nairobi. It was a normal day with company employees at their stations and customers walking in and out to make their purchases. The cashier, Asham Ramji Vanji (PW1) was in his glass-protected office at the far end where he kept the previous day's earnings of Ksh. 247, 950 in a safe. He kept a further Ksh. 59,446 collected from the sales of the morning in the same safe. Other clerks were at the counter and at their desks attending to customers. One was Pauline Gakonyo (PW3) who was issuing Orders at the customer care desk. The other was Isaac Karuro (PW4) who was issuing Invoices against the Orders.
At about 8.30 am, three men walked to the customer care desk and ordered for paints worth Ksh. 17, 000. One of them was called 'David'. PW3 issued them with the order and they went to PW4 where they were issued with the …