JUDGMENT OF THE COURT
On the night of 24th May 2006, at about 10.00 a.m. Bernard Osugo Manani (PW1), his wife Lydia Nyasuguta Osugo (PW2), were asleep in their house at Matongo Sub-location, in Kisii Central District, and his brother Wycliffe Ontegi Manani apparently referred to by Bernard as Wycliffe Murauni Osugo (PW3) was in the same house but in another room. They were ordered to open the door by people who were outside. Wycliffe also heard that order. The people claimed they were police officers. Bernard rose from the bed, went to the sitting room, lit a wicker lamp, placed it on a table and opened the door. The men entered the house.
With the help of the wicker lamp, both Bernard and Lydia who tried to join Bernard in the sitting room, readily identified the three men as the appellants before us. Wycliffe who heard the three intruders order the door to be opened also opened the door to his room and opened the door leading to the sitting room and standing at that door, saw the thr…