ZABLON MUNANGWE SHIMOLI V. REPUBLIC

JUDGMENT OF THE COURT

In the morning of 23^rd December, 2000, there was a robbery in the home of Ashwin Kumar Bhogaita (P.W1) along or off 2nd Parklands Avenue. During that robbery Ashwin lost his motor vehicle, numerous house-hold goods and cash, both local and foreign, all to the total value of K.shs.2,055,800/-. The robbers were armed with pistols and a panga. The appellant Munangwe was employed as a watchman by a security firm called Gallant Security Guards of which Joseph Peterson Muriithi (P.W5) was the Operations Manager. Ashwin, his three employees Wilson Sewe Okongo (P.W2), Michael Kadere Elijah (P.W3), and Munyoki Murimi (P.W4) all swore that the appellant was the one on guard duties during the robbery. Muriithi also stated they had deployed the appellant to guard the home of Ashwin. Sewe (P.W2) was a shamba-man in the home of Ashwin. Sewe swore that he saw the appellant voluntarily open the gate for three people and that it was the appellant who pointed out to the three perso…