SIMON MATERU MUNIALU V. REPUBLIC

JUDGMENT OF THE COURT

On and immediately before 13^th March 2002, Peter Kinyanjui Gichuhi (PW 4) (Kinyanjui) was the landlord of a residential plot situated at Kawangware, bordering Mathiora Road in Nairobi. The father of both Kizito Ashimola Luvembe (PW 1) (Kizito) and Josephat Matindu Tindi (PW 2) (Tindi) was a tenant in part of that plot. His two sons lived in their father’s house in that plot. On 13^th March, 2002 at night Kizito and Tindi were asleep. At about 1.30 a.m., they heard people break open the door leading to the store. The door broke open and the two started screaming for help. Those people entered the store and wheeled out their bicycle. The thugs then went to the room where the two were sleeping through the door which they had also broken. These people were four in number and were armed with pangas and rungus. They ordered the two brothers to lie down and to keep quiet. They had three powerful torches. They took from the house two wall clocks, a radio, make Sony, and a …