JUDGMENT OF THE COURT
On the night of 16th November, 1995 at about 10.30 p.m. at Roka location in the Kilifi District of Kenya, Johnson Kathenge Kazungu (the complainant) was attacked whilst he was asleep in his house. He was injured, as a result of the attack, on his face and hand.
According to the complainant, he was attacked by the appellant who ran after the said attack and whilst so running he hit a pole inside the house and fell down, then got up and ran away.
The complainant reported the incident to the police and stated that it was the appellant who had attacked him. Whilst he said that his radio cassette, seven casette tapes and two tea-shirts were stolen he did not see the appellant taking away any of those items. The complainant said he was able to identify the appellant as his assailant as he knew him for six months prior to the incident and as he was his partner.
The complainant's brother, Charo Kazungu (PW4) confirmed the complainant's version of the incident. He identified …