JAMES GICHURU NDUNGU V. REPUBLIC

JUDGMENT OF THE COURT

At about 10.00 am on 24^th July, 2003, James Gichuru Ndungu, the appellant, a mechanic, walked into a bar in Kagwe Market in Kiambu district known as the Star Bar. There he found other mechanics who had assembled for a meeting to discuss their work-related issues. At some point, he wanted to make a contribution but was not allowed to do so. He became angry, and there was some altercation between him and the two complainants, Parmenus Gathuru Chege, PW 1, (Chege) and James Maina Ngige, PW 2, (Maina). Thereafter the appellant left the meeting. At about 6.00 pm on the same day, the appellant walked into another bar called Cool Breeze Bar in the same area. He met Chege, apologized for what had happened the same morning, and offered Chege some beer. He then inquired about Maina, pleading with Chege to call Maina over for a beer. A short while later, Maina arrived and got seated with the group, which included the appellant and Chege. Soon thereafter, the appellant left t…