PETER MBURU MWANGI, JOHN BABU OSOCHI, PERMINUS KARANJA MWANGI & JOHN KAHUHI V. REPUBLIC

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court at Nakuru, Emukule and Ouko, JJ. dated 18^th November, 2011. The background facts are that on the night of 10^th October, 2004, in Nakuru, the family of GMN (PW1) was terrorized by armed robbers who beat up G and her two sons and stole from them money and other household items. The attack happened at about midnight. G had gone to sleep in the said house with two of her grandsons. They slept in separate rooms. They were woken up by a loud bang on the door, and suddenly two people entered the bedroom where G was sleeping. They had a torch which they shone on G and demanded money while threatening to shoot her with a gun they were carrying. G was slapped on the face, and she gave them Kshs. 1,000/- ; they threatened to set her on fire after they doused a towel with paraffin and tied it round her neck. The attackers also took a T. V., radio and a bedcover from G.

2. As the attackers passed through the children's ro…