JUDGMENT OF THE COURT
1. This being a second appeal by Bodole Abala Kone (appellant), only points of law fall for our consideration by dint of Section 361(1) of the Criminal Procedure Code. We also appreciate that this Court cannot interfere in the findings of fact by the two courts below unless it is apparent that on the evidence presented and accepted by the trial court, no reasonable tribunal could have reached that conclusion. Additionally, the Court has loyalty to accept the concurrent findings of fact of the two courts below provided they are based on clear evidence which was adduced at the trial. See Bernard Mutua Matheka v. Republic (Criminal Appeal No. 155 of 2009 unreported). In Boniface Kamande and 2 Others v. R [2010] eKLR, this Court pronounced itself as follows:-
“On a second appeal to the Court, ... we are under legal duty to pay proper homage to the concurrent findings of facts by the two courts below and we would only be entitled to interfere if and only if, we were sat…