JUDGMENT OF THE COURT
This is a second appeal from the original conviction and sentence by the acting Senior Resident Magistrate (M. Onkoba) made on 4th February, 2014. Our mandate in such an appeal as provided by section 361(1) (a) of the Criminal Procedure Code is to consider only issues of law but not matters of fact that have been tried by the trial court and evaluated on first appeal. Our jurisdiction does not extend to looking at matters of fact and we shall only look at those facts in this appeal for purposes of satisfying ourselves whether the trial court and the first appellate court carried out their mandate as required by law. For a judicial enunciation of the duty of this Court on a second appeal like this one, see the recent case of Patrick Kimanthivs Republic [2018] eKLR which cited with approval, the earlier case of Dzombo Mataza v. R [2014] eKLR where the confines of our jurisdiction were stated to be:
“As already stated, this is but a second appeal. Under the law we are…