JUDGMENT OF THE COURT
Francis Kitela Kingoo, the complainant, who was at the time of the incident giving rise to this appeal, an employee of the Aga Khan Hospital, was walking through the City Park to his place of work when he was attacked and robbed of a mobile phone, Siemen C25 worth Kshs. 3,650/= by three armed men. The commotion accompanying the attack attracted the attention of, among others, Kennedy Wekesa Wanyonyi, who cried out “thieves, thieves” to which members of the public responded. The three robbers upon seeing the response took to their heels in different directions. Wanyonyi concentrated his attention on one of the robbers as he gave chase. According to him, the robber he was chasing was “cornered” by members of the public, arrested and beaten senselessly with threats of lynching. It was his evidence that the person who was chased and eventually arrested was the appellant. Wanyonyi saw a member of the public recovered from the appellant what was later found to be a toy …