JUDGMENT OF THE COURT
This is a second appeal from the conviction and sentence of the appellants by the Senior Resident Magistrates court at Mandera. By dint of Section 361 of the Criminal Procedure Code we are to consider only issues of law but not matters of fact which have been tried and reevaluated by the two courts below unless we were to find that those findings are based on no evidence or that those courts reached the findings on a basis that no reasonable tribunal would reach. This principle has been considered in various decisions of this Court such as Karingo v. Republic [1982] KLR 213 where at page 219 the Court expressed the principle in the following words:
“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did.”
The appellants (Abd…