JASN MAINA NGAU V. REPUBLIC

JUDGMENT OF THE COURT

On the night of 10^th/11^th November, a pub and a shop at Kirima Trading Centre in Naivasha were attacked by thugs. These two business premises were adjacent to each other. The first to be attacked was the pub operated by Peter Kimani (PW4). Unfortunately for the attackers, Peter Kimani had his bows and arrows ready immediately he heard a window of his pub being hit by thugs. He shot several arrows at the attackers who, according to him, were all men. He identified one of them as the appellant. The raiders ran to the neighbouring shop which belonged to Luka Kariuki Githinji (PW2) who is the complainant in this appeal and who was that night in the shop with his wife Rebecca Kathure Luka (Luka). Luka said in his evidence in the trial court that as he was asleep in the shop with his family, he heard a commotion in Kimani’s pub. Some people were saying they would attack Luka’s shop. These men climbed on to the roof of his shop and started removing iron sheets. Rebecca s…