JOHN MWANGI KAMANDE ALIAS MOHAMED V. REPUBLIC

JUDGMENT OF THE COURT

On the morning of 27th day of January, 1999 at about 5.30 a.m. at Barani village, Malindi Location within the Coast Province, one Mohamed Swaleh Nassor (P.W.1) was returning home from a night out at the casino loaded with a sum of Ksh.27,000/= and 40 US dollars. He was viciously attacked and injured by a gang of three people who were armed with two pistols. They took the money he had and ran away. Witnessing the attack was his 'askari', Jamal Athuman (P.W.2).Notwithstanding the fact that P.W.1 was injured and bleeding profusely, accompanied by P.W.2 he went to Malindi Police Station and made a report of the robbery. Both P.W.1 and P.W.2 had identified the robbers and were sure that if they saw them again

they would identify them. So, together with the police they went around looking for the robbers especially at the Bus stage in vehicles bound for Mombasa. These searches bore no fruit.

However, the following morning on 28th January, 1999 in a completely unrelated in…