JUDGMENT OF THE COURT
Mary Katche Masikini (PW 1), on 3rd March, 2006 at about 1 a.m. was asleep in her house in Bombululu area of Mombasa with her husband, Harry Mitchell Maskini, and her two sons and daughter, Elizabeth Kabeyu (PW 6). Her other son Anderson Kapwere Maskini (PW 2) was also asleep in his Swahili type house but within the same compound. Suddenly their sleep was rudely interrupted when a group of thugs invaded the compound. First to see them was PW 6. Apparently, she was awoken by people talking in low voices outside the window to her bedroom. On peeping she saw the thugs scale the perimeter wall, and thereafter force the house door open. They were armed with pangas, torches and stones. The security electricity light outside enabled her to see the thugs who numbered five. Immediately upon entry, they switched on the electricity light and PW 6 noticed that most of them wore dark T-shirts. However, one of them stood out, he wore a sleeveless grey T-shirt. According to her,…