JUDGMENT OF THE COURT
The complainant in the case that has ended in this appeal before us Patel Prabhakar (PW1) (Patel) was as on 12th April, 2008, a businessman at Kakamega, trading in a shop situate along Kenyatta Avenue, next to Franca Hotel. On 12th April, 2008 at about 7.00am, he was at the counter of his shop. Two men entered the shop, one had a black paper bag which he placed at the counter while the second person placed a bullet on the counter. One of the attackers opened his jacket and Patel saw a gun on that man's right side tucked in his trouser.
He however saw only the top part of that alleged gun. Patel sensed danger, he removed a knife from the counter. At that time one of the attackers jumped over the counter and removed Ksh.2,000/= and a Senator Credit Card form Patel's shirt pocket. Patel held one attacker's shirt and shouted for help, as he struggled with them. In the confusion that ensued, one attacker slipped out of his shirt and jacket and started running away. The…