JUDGMENT
The appellants, John Kimanzi Moingo and James Otieno Ochieng, were at all material times in the employment of Kisima farm, the property of Konoinua Community, located 7 Kms. from Ongata Rongai in Kajiado County as water vendor and supervisor respectively. PW1, Harrison Mutisya Kyalo was the farm administrator. The deceased, Paul Njiri, was their workmate employed in the farm as a herdsman.
On the night of 20th and 21st February 2013, PW 1 received a telephone call from the 2nd appellant, who informed him that some goats and sheep which were under the deceased’s care had gone missing. He instructed the appellants to report the matter to the police. In the meantime, he instructed the appellants and the deceased to carry out a search for the missing livestock. One week on, the search was in vain, and the deceased had disappeared from the farm prompting the Community’s Board of Directors to summon the appellants to explain the loss. The trial court was not told what transpired imme…