JUDGMENT OF THE COURT
This is a second appeal and by dint of section 361(1) (a) of the Criminal Procedure Code, our jurisdiction is limited to dealing only with matters of law but not issues of fact that the two courts below may have made findings upon unless it is demonstrated to our satisfaction that there has been a misdirection in the evaluation of facts or findings of fact are not based on evidence at all by the said courts. This principle has been stated and re-stated in a long line of cases emanating from this Court among them, Njoroge v. Republic [1982] KLR and Chemagong v. Republic [1984] KLR 661. In these cases, this Court reiterated that, on second appeal the court should focus on points of law accepting and being bound by the concurrent findings of fact by the two courts below, unless those findings were not backed by evidence, or are based on a misapprehension of the evidence, or the two courts are shown demonstrably to have acted on wrong principles in arriving at those f…