JUDGMENT OF THE COURT
On the evening of 11th August, 2004 David Nguyo (PW 1) (the complainant) went to Jos Wines and Spirits bar in Kiserian for a drink with his friends. At about 10.00 pm he left to go home, a distance of some 300 meters. As he walked alone in a dark alley, he was accosted by four people from behind, one of whom attempted to strangle him by the neck, while another held a knife. He fell down. The robbers made off with his mobile phone (Nokia 3310) and his coat. He recollected himself after a few minutes, walked back to the shopping centre, reported the matter to the watchman there, and waited for a while until it was safe to go home. Meanwhile, two young men came over and informed him that they were aware of two robbers in the area called “Njenga” and “Jubilee”. The following day he reported the matter to the Kiserian Police Station. Two weeks later, police officers, acting on information received, arrested the appellant, who led them to one Simon Karanja (PW 2) (Simon…