JUDGMENT OF THE COURT
n the dead of the night on 15th May, 2010, at 1.30 a.m. to be precise, a violent robbery was visited upon Masoud Swalehe Kiryauta (PW 1) and his wife Fatuma Abdalla (PW 2). PW 1 while asleep with PW 2 in their house at Kanana Corner, along Lunga Lunga Road, Kwale County, heard a knock on the door and when he enquired who it was, the response was that it was the police. Within no time, the intruders had forced the door to the house open and entered the bedroom. There was light in the bedroom provided by a hurricane lamp. PW 1 noticed three intruders in the bedroom who had powerful torches. They immediately ordered him to give them money. PW 1 and PW 2 too could hear other voices outside. Indeed, they were other thugs breaking into their shop that was in front of their house. When PW 1 hesitated in handing over the money, he was brutally assaulted with pangas, knives, iron bars and axes. One of the thugs suddenly called out a person by the name “Kimani” and asked hi…