JUDGMENT OF THE COURT
This is a second appeal against the judgment of Wakiaga and Ombwayo, JJ., dated 21st November, 2013, in which the appeal by Zacharia Kokot Londopash, (the appellant), herein was dismissed. The brief essential background information of this matter is as follows. On 24th November, presumably in the year 2007, (the year is not indicated in the evidence of PW1), at about 8 p.m., John Mwangi Kamunya, (PW1), the complainant in this matter while in the company of Paul Nderitu Gichuhi, (PW2), were going home after work. They were travelling in the complainant’s motor vehicle KIH 769 Pick Up and the complainant was driving. When they reached Mwiyego River, the vehicle stalled as it ran out of petrol. Both witnesses got out of the vehicle and started refueling from a jerry can which was in the vehicle. As they were doing so, they suddenly saw a group of six people emerge from a nearby bush.
The people asked the complainant whether he could give them a lift to Naromoru, but t…