RAMA MAMBO NZUGA & JAMES KILUNGI MLACHA V. REPUBLIC

JUDGMENT OF THE COURT

The complainant who was, at the time material to this appeal, employed elsewhere as a watchman, collected his wages of Kshs.3,800/- from the Chief’s office and as he walked home in the company of his brother-in law, PW2, he was attacked by six men and robbed of the entire sum of Kshs.3,800/-. In the course of the robbery the complainant sustained injury on the head for which he was later treated after reporting the incident to the police. Both the complainant and PW2 reported that two of the six robbers, were known to them. Those two, according to them, were the appellants herein. PW2 testified that the next day the appellants approached him and apologized for the attack. They sought also his assistance to intercede with the complainant. He agreed to escort them to meet the complainant the next day. Instead, the appellants went direct to the complainant and, in the presence of PW3 and another person, apologized for the attack and refunded Kshs.2,000/- promising to…