JUDGMENT OF OUKO, JA
To H Y M, his wife R H Y (R) and their children, people with triskaidekaphobia are perhaps right that “13” is indeed an unlucky number. What started on the morning of 13th November, 1999 as a family shopping turned out to be an endless pain and anguish for the next four (4) months, and perhaps to this day.
It is a day that left a permanent scar in this family. On that day at about 10.30a.m, R left their home on 2nd Parklands, Nairobi for an outing to Westlands with her children, including her 12 years old S H (S). They ended up at the Sarit Centre. After visiting a few shops they decided to buy books at the Text Book Centre on the ground floor. As they came out of Text Book Centre, S leading the way, they walked right into cross fire of a gun battle between police officers and robbers who were fleeing the Kenya Commercial Bank located also on the ground floor. In the exchange of gun fire S was hit on the neck. She was rushed to the nearby M.P. Shah Hospital, where s…