JUDGMENT
This is a second appeal from the conviction of the appellant, Martin Maina Njaramba, by the Magistrate’s Court at Mukurweini. The appellant had been charged before that court with the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 particulars being that, on a day and place stated in the charge sheet he intentionally caused his penis to penetrate the anus of DMN, a child aged 4 years. He was tried by that Court, convicted and sentenced to life imprisonment and an appeal on both conviction and sentence was dismissed by the High Court of Kenya, Nyeri, in a Judgment delivered by Mshila, J., on July 21, 2016.
Being a second appeal our mandate is restricted in law to consider only issues of law if we find that any have been raised by the appellant. Section 361(1) (a) Criminal Procedure Code restricts that mandate on an appeal to us from the decision of a subordinate court to consider issues of law but not matters of fact. That mandate has …