JUDGMENT OF THE COURT
1. GEORGE WILLIAM ONYANGO and ISMAEL CHACHA lay dying and dead, respectively on the 16th day of January, 2008 at Kondele Market within Kisumu city following gun shots into their bodies. GEORGE WILLIAM ONYANGO was later that day to succumb to his injuries while undergoing treatment at the then Provincial General Hospital, Kisumu. ISMAIL CHACHA died right on the spot where he and GEORGE WILLIAM ONYANGO were shot. The shooting was done by a police officer thought to be EDWARD KIRUI, then stationed at Kondele Police Station. It had happened that Kenya held its General Elections on 27th December, 2007 and the result that the Party of National Unity’s (PNU) presidential candidate was declared winner, was hotly disputed by the closest rival, the Orange Democratic Movement (ODM) which claimed that its Presidential victory had been stolen by PNU. ODM consequently gave notice of intention of its membership to hold peaceful protests across the Republic of Kenya to express th…