JUDGMENT OF THE COURT
1. This is a second appeal against the appellant’s conviction and sentence for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. By dint of Section 361 (1) of the Criminal Procedure Code this Court’s jurisdiction on a second appeal is restricted to matters of law only. In David Njoroge Macharia -v- R [2011] eKLR it was stated that;
“Only matters of law fall for consideration and the court will not normally interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably to have acted on wrong principles in making the findings. (See also Chemagong v. Republic (1984) KLR 213).”
2. The appellant herein was charged with one count of defilement contrary to Section 8(2) of the Sexual offences Act and an alternative count of committing an indecent act with a child contrary to Se…