JUDGMENT
The appellant, John Michael Mghanga, was on 8th January 2016 convicted for the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act by the Resident Magistrate’s Court at Wundayi. The particulars of the offence were that on 12th January 2014 in Kishamla location, within Taita Taveta County intentionally and unlawfully caused his penis to penetrate the vagina of MMM a juvenile aged 17 years. He was sentenced to serve a prison term of 15 years. The High Court at Mombasa (A. Ongeri, J.) upheld the conviction and sentence in a judgment delivered on 27th February 2017.
In this second appeal, all we can consider are matters of law by reason of Section 361(1) of the Criminal Procedure Code. We cannot interfere with the decision of the lower courts unless:
“…it is demonstrated that the trial court and the first appellate court considered matters they ought not to have considered or that they failed to consider matters they should have consid…