JUDGMENT OF THE COURT
1. Before us is a second appeal preferred by Patrick Kimanthi (the appellant) and as such Section 361 of the Criminal Procedure Code enjoins this Court to consider matters of law only. In Dzombo Mataza v. R [2014] eKLR this Court set out the confines of its jurisdiction in such an appeal as follows:-
“As already stated, this is but a second appeal. Under the law we are only concerned with matters of law and not fact. Put differently, in a second appeal such as this one, matters of fact are for the trial court and the first appellate court – see Okeno v. Republic (1972) E.A. 32. By dint of the provisions of section 361(1)(a) of the Criminal Procedure Code our jurisdiction does not allow us to consider matters of fact unless it be shown that the two courts below considered matters of fact that should not have been considered or failed to consider matters that they should have considered or that looking at the evidence they were plainly wrong”.
2. Bearing the foregoing…