JUDGMENT OF THE COURT
The record before us shows that on 1st February 2000, Jacinta Daniel Ngovu (PW 2) (“Jacinta” in this judgment) had a provision shop at Kithumula Sublocation in Kitui District of Eastern Province. She employed Munyoki Muthangya (PW 1) (Munyoki) as a night watchman at that shop. Daniel Mwania (PW 3) (Daniel) was working in the shop and was sleeping in one of the backrooms of that shop. Jacinta’s son Ngovu Musila (PW 5) (Ngovu) was a student at Kithumula Primary School but in the afternoon of that day he called at the shop from school. Jacinta was at her shop. The shop deals in retail goods such as Omo, cooking fat, salt, sugar and others. Hamisi George, the second appellant in this appeal went to the shop that evening between 7.00 p.m. to 8.00 p.m. and asked for cigarettes. Jacinta told him the shop did not stock cigarettes and he bought tobacco which was available. Ngovu, who had seen Hamisi together with John Muasya Ndemo, the third appellant, earlier on his way f…