JUDGMENT OF THE COURT
In the early hours of the morning of 29th December, 2007 at 2 a.m. to be precise, Abdalla Mishomoroni (PW2) and Oliver Mkangi Onalo (PW4) amongst other residents in a plot in Mishomoroni area of Mombasa County were disturbed from their deep slumber by noise coming from the house of yet another resident in the plot, one Gideon Ng’ang’a, “deceased.” Fearing that the entire plot was under attack by thugs, the duo together with other neighbours ventured out. On coming out and with the assistance of the light in the plot, they were able to see three bare chested men well-armed with crude weapons, trying to force open the door to the deceased’s house. One was armed with an axe and a metal rod, whereas the other two were armed with a metal pipe and stick respectively. Upon seeing them, one of the men ordered them back to their respective houses for their own security. Whereas PW4 heeded the advice, PW2 did not. Instead PW2 watched helplessly as the trio forced open the d…