JUDGMENT OF THE COURT
On the night of 6th/7th January, 2005, Peter Wakahiu Maina (PW1) (Peter), his daughter Mary Wambui Wakahiu (PW6) (Mary), his niece Faith Wambui (PW2) and his grand daughter were asleep in their house at Koimbi. At about 1.00 a.m. Mary went out for a short call. On her return, she was crying and said there were robbers outside. Peter woke up and armed himself but by that time assailants were already near the house. They (assailants) flashed their torches all over outside and ordered Peter to open the door. When Peter hesitated, they broke down some of the windows using stones and broke some glass panes in respect of those windows not broken down completely. Peter made attempts to restrain the attackers from accessing the house but he was overpowered. They beat him with a stone on his leg and injured Peter’s grand daughter on the forehead with a stone. Peter surrendered and opened the door for them. They were more than ten and were armed with sticks. We need to poin…