JUDGMENT OF THE COURT
At about 7.30 p.m. on 14th October, 2009 ROBERT MUGA, the complainant herein left his house at Manyatta Estate of Kisumu to go and buy paraffin at a kiosk within the estate. On reaching Love Bar, a five minutes walk, he met a group of people gathered by the road side, among them the three appellants. It is not clear as to what exactly the group was doing, but, what is known of its identity is that it was a group of young bicycle taxi operators commonly known as “boda boda” or “ngwares”. It would appear that the complainant, a school leaver then aged 18 years old, joined the youths for a while probably to discuss their day’s escapades and adventures. However, within a short time the youths turned hostile towards the complainant. They assaulted him, searched his pockets and cut him on the forehead with a panga. Daniel Omondi, the 3rd appellant, then rushed to a nearby chips kiosk and picked a pan of hot oil with which he threatened to burn the complainant and the wi…