JUDGMENT OF THE COURT
The appellant, Fred Michael Bwayo, was convicted by Kitale Resident Magistrate, Wandere H.M., for the offence of defilement of a girl contrary to section 145(1) of the Penal Code. It had been alleged in the charge sheet that on the 26th day of July, 2005 at W. farm in Transzoia District of Rift Valley Province, he unlawfully had carnal knowledge of EN, a girl under the age of sixteen years. Upon his conviction he was sentenced to serve 20 years imprisonment. His appeal to the superior court (Ochieng, J.) against conviction and sentence was dismissed, hence this second and last appeal.
As the law requires in Section 361 of the Criminal Procedure Code, only issues of law may be raised and considered in the appeal. This Court has also stated on numerous occasions, that it will not interfere with concurrent findings of fact in the two Courts below unless such findings were made on no evidence at all or on a misapprehension of it or no tribunal, properly directing itsel…