<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">At about 9.00 p.m. on 29^th December, 2002, Muthusi Mbondo (PW2) and his wife, Beatrice Muthusi (PW3) were having dinner in their house at Mamiloki village, Masii Division of Machakos District. The house was lit by electricity and solar lamps. Suddenly, two men armed with pangas burst through the back door which was not locked. Two others followed behind. They started attacking PW2 and PW3 asking for money but the two fought back while screaming for help. Some neighbours, including PW4, arrived and found one of the invaders struggling with PW3 who would not let go. PW4 disabled the invader and other neighbours apprehended him. He was the 1^stappellant before us. As they did so, PW2 was struggling with another invader who was wearing a cap which fell down. He recognized him as his neighbour and former employee. But the invader took off leaving the cap at the scene and was joined by the other two who also escaped. The second invader was the 2^nd appellant before us.</p><p class="ql-align-justify">PW…</p>