JUDGMENT
In or about the year 2000, the complainant Stephen Mwaniki (PW1) operated a mobile kiosk at Mukurweini Township wherein he sold clothes, shoes and other assorted shop goods. On 18th August, 2000, he closed the kiosk for the day at about 6 pm and went home. He left it in the care of the night watchman known as Francis Wanjau Mutero, now deceased, whom the complainant together with 17 other kiosk owners within the Township had commonly engaged.
On the following day, 19th August, 2002, P C Onyango Owadi (PW6) was at Mukurweini Police Station when he received information that a night watchman had been killed and his body was lying outside the kiosk the deceased was guarding. He rushed to the scene and carried out investigations. The deceased had been hit on back of the head and blood was oozing from the mouth, nose and ears. The kiosk had been swept clean. PW6 removed the body of the deceased to the mortuary and carried out investigations.
Samwel Kingori (PW4) was a taxi operator at…