JAMES MWANGI KINYUA V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal by James Mwangi Kinyua (the appellant) from the judgment of the High Court Nyeri, (Wakiaga and Ngaah JJ.), dated 4^th July, 2014. We think it is necessary to restate some brief background information surrounding this matter. On 30^th October 2008, three tourists namely Anthony Randell, (PW1), Sharon Jennes, (PW2) and Mark Richard Jennes, (PW3) were on holiday in Kenya. They were booked at Bantu Lodge at the foot of Mount Kenya within Nyeri County. They arrived on that same date and after lunch, their Tour Company had organized for them to be taken on a nature walk to Lenana Caves (Mau Mau caves) on the foot of Mount Kenya within Gathiuru forest. The three tourists left the hotel at about 2pm under the guidance of a tour guide by the name Cyrus Maina Munyiri, (PW 6).

[2] They arrived at the caves without any incident and happily took photographs of the caves and across the river. However, as they were leaving the caves, they encountered a g…