JUDGEMENT OF THE COURT
INTRODUCTION
1. The Appellant, Kossam Ukiru, comes before us on a second appeal against his conviction on one count of cheating contrary to Section 315 of the Penal Code. It had been alleged that on diverse dates between 12th December, 2007 and 21st December, 2007 at Nubian village, in Kisumu District within Nyanza Province, the appellant, jointly, with others not before the court, by means of fraudulent trick, induced Stephen Nabwana Akunda “(the complainant)” to pay Kshs. 200,000/= to themselves. Upon his conviction, the appellant was sentenced to serve 3 years imprisonment which is the maximum sentence for the offence. His appeal to the High Court (Aroni, J.) was dismissed, hence this second appeal.
ISSUES
2. As this is a second Appeal, only matters of Law may be raised - see Section 361 (I) (a) of the Criminal Procedure Code. See also the case of Njoroge -v- Republic [1982] KLR 388. The issues of law raised in the Memorandum of Appeal, drawn up by the appellant…