STEPHEN JIRONGO SHICHETI & ALEX SHITERA SHIMAMBO V. REPUBLIC

JUDGMENT OF THE COURT

Stephen Kipkoech Kener, the complainant in the criminal case leading to this appeal resides at Kamonjil in Kapsabet and works with the Kenya Army. At the time he was serving at the Lanet Military Academy. On the night of 21^st July, 2013 at 2.00pm, the complainant went to Kapsabet town and withdrew Kshs. 20,000/= some of which he loaded in his M-pesa and retained some in his wallet as he wanted to have drinks with a friend. Whilst in town, he rented a room in a lodging going by the name Dainbora Guest House. He was issued with a receipt for the room by the 2^nd appellant who also doubled up as the watchman of the facility.

Having had enough of the drinks, he proceeded to his room at around 2.00am. On reaching the guest house, he didn’t find the 2^nd appellant at the gate. He knocked at the gate severally in vain and then decided to go around the building in order to knock from the other side hoping to get someone to open the gate for him. Suddenly he was attacked by f…