SHADRACK MWANTHI MASAKU & DAVID MUTULU MUISU V. REPUBLIC

JUDGMENT OF THE COURT

On the 27th October , 1984, the complainant D A Lowes and two friends went to a place called Lukenya near Athi River on a rock climbing expedition. They parked their car under a tree and were having lunch when 4 persons appeared. The time was about 2.20 pm. Those persons robbed them of a wrist watch, a pair climbing shoes, one blue bag and rack sack containing cash Kshs 3000/-.

They gave the robbers chase and in the process, the one who had the rack sack dropped it. The bag was retrieved together with cash. The gangsters made good their escape. So the rest of the items were not recovered. Two days afterwards, that is on October 29, Lowes and his two companions were summoned to the Athi River Police Station. There were on parade, about 15 persons. Lowes identified the 1st appellant as one of the gangsters who robbed them of the items mentioned on October 27. His companions failed to identify any of the robbers.

On October 28, 1984, Mr Philip M Matheka and his wife we…