JUDGMENT OF THE COURT
Although the appellant in his original memorandum of appeal drawn in person and a supplementary memorandum of appeal filed by his counsel has raised no less than twenty grounds of appeal, the bulk of them relate to concurrent findings of fact made by the two courts below and on credibility of witnesses. As this is a second appeal, only matters of law should be raised as clearly stated in section 361 (1) of the Criminal Procedure Code. This Court has also stated, times without number, that it will not interfere with concurrent findings of fact made by the two courts below unless they were based on no evidence or on a perversion of it. The test to be applied is whether there was any evidence on which the trial court found as it did – see Reuben Karani s/o Karanja v. Republic (1950) 17 EACA 146. In M’Riungu v. Republic [1983] KLR 455, this Court held:
“Where a right of appeal is confined to questions of law, an appellate court has loyalty to accept the findings of fac…