JUDGMENT OF THE COURT
While grazing his cattle together with those of his friends at Maungu Ranch on 3rd July 2007 in the morning, the complainant was approached by three men of Somali origin who purported to be looking for their lost cattle. Of the three the complainant recognized one who he maintained was the appellant while the other two were strangers to him. The third person ordered the complainant to sit down as he demanded to be shown where their lost cattle were. He grabbed a panga from the latter as the appellant forced the complainant to sit down. The three men then attacked him on the head and neck with sticks and panga until he lost consciousness. When he came to he noticed the 9 heads of cattle were missing. He tied his shirt around his neck to prevent loss of blood from the injuries inflicted around the neck. With great difficulty and pain he walked home where he found his wife, son PW3, Francis Nzenge Malonza and brother-in-law, PW2 – Victor Mutua who he informed of the …