JUDGMENT
On 1st February, 1990 at about 2.00 am, Augustino Omungini Omwindi (PW2) found his two heads of cattle missing from where he had tied them at his home. He raised an alarm and in response thereto his neighbours came to his home. Together with his neighbours, PW2 started tracking the hoofmarks of his missing two heads of cattle. At Matayo’s Trading Centre, they rested until day-break when they again continued to follow the hoofmarks to the missing cattle up to Ekululo village from where they began searching for these cattle in the nearby bush. In that bush, they found a cow tied on its mouth with a rope. That cow did not belong to PW2. They, however, untied it and took it to the home of Afumbwa Anyulo, the deceased, which was close to where it was found.
Meanwhile, as the deceased’s son, Fredrick Makokha Afumbwa (PW1), was returning home from Rakite Market, he was accosted by PW2 and his group which now numbered about 50 people, PW1 was carrying three legs of a cow on a bicycle c…