JUDGMENT OF THE COURT
1. The unfortunate circumstances giving rise to this appeal are not in dispute. Until his death on 10th January 2007, Vitalis Ebukoro Etyakoro, deceased, was employed by the appellant as a security guard. On that day, he was assigned, alongside two other guards employed by the appellant, as an escort in one of the appellant’s cash in transit vehicles that was transporting cash from Molo to Nakuru. In addition, there were two armed Administration police officers in the vehicle. Along the way they were ambushed and attacked by armed robbers who sprayed bullets on the vehicle. One of the armed Administration police officers was shot outside the vehicle as he attempted to get away while the other armed Administration police officer was shot while inside the vehicle in the front cabin. The deceased was shot while in the back cabin of the vehicle.
2. RW1, Charles Ndeta, one of the deceased’s colleagues who was with him in the vehicle narrated to the trial court how the a…