JORAM SIMIYU WAMALWA V. REPUBLIC

JUDGMENT OF THE COURT

On 3^rd September, 2004 at M [particulars withheld] Location Bungoma, a businessman by the name J.K.K (PW1) was violently robbed by a gang of three people who were armed with a gun, rungu and knife. The robbery took place at about 7.30 p.m. just after PW1 had closed his shop. He had stepped outside the shop while his wife S.K (PW4) was lying on the sofa set in another room at the back of the shop and P.N.M (PW3) a sister to (PW4) was cooking in another room in the front of the shop.

After PW1 locked his shop, he was confronted by a gang of three people; they ordered him to go back to the shop and lie down. The attackers covered his face with a piece of cloth; and they demanded to know from PW4 whether PW1 was her husband but PW4 pretended that he was just a visitor.

When P.N.M heard the attackers ordering everybody to lie down, she too lay down but she testified that although she was lying down she was able to peep through her elbows and was able to recognize the app…