PETER WESONGA V. REPUBLIC

JUDGMENT OF THE COURT

Moses Ameya, (the complainant), who testified before the subordinate court as PW1, was a boda boda operator. He was at the material time employed by one George Musumba to operate a motorcycle which had not been registered. It was a TVS Motorbike valued at Kes.85,000/= and identified by its engine number OFSB91514287.

As he rode home from Ekero Centre on 4^th September 2009 at about 8.30 pm, he was stopped by the appellant, who was one of his regular customers, and asked to take him to Burudika Bar in that Centre. He obliged. The appellant alighted, went in that bar and returned with another person. Both of them asked the complainant to take them to Lurekho area. The appellant once again obliged. On the way, prior to arriving at the said destination, the appellant asked him to drop them which the complainant did. As the appellants pretended to get the fare from their pockets, another person emerged from a nearby sugar plantation with a stick. Thereafter the appellant…