ROBERT NJEHIA V. REPUBLIC

JUDGMENT OF THE COURT

1. MOSES APUNGO LATUNGU (PW1) was, on the 7^th June 2001 at about 7.00 pm, walking along Huruma road. There were people walking ahead of him and others behind him. Suddenly he was grabbed around his neck by one of the people behind him. Another, from those in front, trained a knife at his face as the two ransacked his pockets and took a yellow plate holder and some kes.4,500/=. PW1 was harshly, warned by his attackers that he would be killed if he made any noise. He therefore did not raise an alarm. His two attackers, mission completed, resumed walking along from behind him.

2. On the same evening of the 7^thJune 2001 at about the same time of 7.00 pm, G W (PW2) was similarly walking along a road within Huruma when she met three men who confronted her. Two of the men had knives while the third had a gun. PW2’s evidence at the trial was that it was not completely dark. The two pushed PW2 to a corner against a wall. She was shown a gun and ordered to stop screaming or …