JUDGMENT OF THE COURT
The deceased, a young man aged only 17 years joined other teenagers at a video kiosk in Bura Ndogo trading centre, Taveta Township on 6th February, 2011 at 7 p.m. to watch a live televised football match between Liverpool and Chelsea football clubs. After the match, at about 8 p.m. the deceased, in the company of Martin Juma (PW1) Asenga Mwachira (PW2) and Paul Masomo (PW3) were homebound when the latter stopped at a shop to buy some items as the rest walked ahead. The three were accosted by a group of three other young men armed with an iron rod, rungu (club) and stones. When the group attacked, PW1 and PW2 took to their heels leaving the deceased behind after falling down as the assailants continued beating him. PW2 reached PW3 and told him what they had encountered. PW3 rushed to the scene and found the deceased being beaten by the three young men who he straight away recognized with the help of electric light from a nearby shop. The three were from his village…