PAUL THUO MBURU V. REPUBLIC

JUDGMENT OF THE COURT

On the 18^th day of June, 2001, Dr. Godfrey Baltaza (PW 1) (Baltaza), left his place of work at Kenyatta National Hospital, Nairobi, at 5 pm and headed home in Ngong. He arrived home at about 5.30 pm but decided not to enter the home but to drive to his farm which was near his home. Unfortunately his motor vehicle stalled a few metres from his home and this being a recurring problem, he telephoned his son Billy Baltaza, (PW 2) (Billy) and asked him for help. He alighted from the motor vehicle leaving the ignition key in place. As he waited for his son Billy, he saw two young men approach. He did not know them before. They crossed the road and accosted him producing guns which they pointed at him. They ordered him to get back into the motor vehicle where he sat at the back seat.

According to him, the appellant sat at the driver's seat and attempted to start the vehicle which of course could not start. They threatened to kill him. The appellant ordered him to remove h…