PETER MATIVO KILAKA V. REPUBLIC

JUDGMENT OF THE COURT

The day of 17^th January, 2008 had started very well for Daniel Mutinda Mutisya (P.W.1) (Mutisya), his wife Joyce Nthenya Mutinda (P.W.2) (Nthenya) and their in-law Jane Syombua, all of Ithanga Village in the then Masinga District. They spent the day visiting a friend and in the early evening they met another friend called Maingi who requested Mutisya to accompany him to a local bar for refreshments. Mutisya took his wife Nthenya and his in-law Syombua to a hotel and he joined Maingi at a bar where they took some beers. He thereafter received information that his wife and in-law had preceded them and he should find them in Ndithini Shopping Centre. He walked there, joined them and as they were walking home at around 7.00 p.m., they observed a motor cycle which had three people approach them. This motor cycle stopped where they were and two of the passengers alighted. One of them stood in front of Nthenya and blocked her path. Mutisya intervened telling the intruder…