JUDGMENT OF THE COURT
1. Juma Anthony Kakai, (appellant) was on the 13th day of February, 2006 employed as a watchman by Timothy Muthaura Mugambi (PW1) to guard his residence and family who were at the material time residing in a house within Loresho Ridge estate in Nairobi. Something strange had happened on the said date because Victor Baraza Wamalwa (PW4) was also an employee of PW1 as a gardener. As he was leaving work, at about 4 p.m., he saw a note that was written to him by the appellant warning him to carry all his belongings when leaving the place of work on that day as something bad would happen on that day. PW4 made several efforts to contact his employer (PW1) and pass to him this information to no avail as he unsuccessfully flushed him on phone six times. Unfortunately, PW1 his phone was on silent mode as he was busy carrying out research at Chiromo campus and it was not until 8pm when he checked his phone and on finding so many missed calls he called Victor who narrated to…