PAUL MBUTHIA KINUTHIA V. REPUBLIC

JUDGMENT OF THE COURT

[1] On 12^th April, 2006, at about 7 pm Michael Maritim Sang (PW1) was attacked by two unknown assailants and robbed of his bicycle and pair of shoes. His evidence before the Senior Resident Magistrate at Molo court was that at the material time, when the robbery occurred, he was working as an employee of Sarkish Flora Farm. On the 12^th April, 2006, at about 7 pm while he was pushing his bicycle make “hero jet” towards the gate of his employer, he was accosted by two assailants. One of the attackers suddenly held his neck and pushed him into a ditch. One of the attackers hit him severally on the face while sitting on his stomach. The other attacker ordered him to remove his shoes which he did. The attackers took off with the pair of shoes and the bicycle valued at Ksh. 4,950/=. Michael testified that he never identified the assailants.

[2] After the assailants disappeared, Michael reported the matter to the security guards at the gate of Sarkish Farm. They took him …