<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The night of 8th/9th November, 2009 is a night that will ever be remembered by <em>Fredrick Njehu Kiongera (PWl) (Fredrick), Joseph Njoroge (PW2) (Joseph)</em> and <em>Joseph Likari Kungu (PW3) (Kungu)</em> in their lives. On that night between 9pm and 10pm, Fredrick and Kungu boarded a bus No. KBD 366P Nissan UD with a nickname UGWE travelling from Nairobi to Kakamega. Joseph was the driver of that bus. There were other travellers in the same bus as it was a public service vehicle, Joseph, who was the driver puts the number of all passengers at 60 as at the time the bus left Nairobi. At Kangemi, two passengers were picked and Joseph said inspection was done, personally by police or by their inspection team. The bus proceeded on its journey with no hitches and with Joseph as its driver. It stopped at Nakuru, but no passenger was picked there. Some passengers were dropped at Kericho and Kisumu whereas no passengers were picked at those stations. At Stand Kisa, Joseph was instructed …</p>