JUDGMENT OF THE COURT
The appellant, Hezron Aura Ngutu, was on 19th November 2012 convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and sentenced to serve a prison term of 20 years. The High Court (A. O. Muchelule, J.) dismissed the appellant’s first appeal in a judgment delivered on 10th March 2014.
This is his second appeal, which by reason of Section 361(1) of the Criminal Procedure Code should be confined to questions of law. [See M ’Riungu v. R [1983] KLR455]. Furthermore, this Court cannot, on a second appeal, interfere with the concurrent findings of fact by the lower courts unless such findings are not based on evidence, or are based on a misapprehension of the evidence, or the trial court is shown demonstrably to have acted on wrong principles in reaching the findings. In Karingo v. Republic [1982] KLR 213] the Court stated:
“A second appeal must be confined to points of law and this Court will not interfere wit…