JUDGMENT OF THE COURT
1. On the evening of 15th August, 2006, Moses Mulinge Muthebwa (PW3) was on duty guarding the Prime Tech Industries premises situated along Nanyuki Road in Industrial Area. At around 8:30 p.m. he was ambushed by three men who had jumped over the front gate. They threatened to harm him if he raised any alarm and he cooperated. The robbers asked him for keys to the factory but he did not have them because the proprietor, Onaly Alira Narji (PW1) as was the custom, had locked the factory and taken the keys with him. He was then tied up and locked up in the toilet by the 2nd appellant who he identified using the security lights in the compound.
2. Bent on not leaving empty handed, the intruders vandalized a car make Mazda registration number KAB 545P which was parked in the compound. Apparently, that evening at around 5:00 p.m. Humphrey Branco (PW5), the company’s driver, had picked up assorted office stationery which had been purchased by Onaly from a bookshop. However…