JUDGMENT OF THE COURT
On 17th August 2011, the appellant Paul Lokitari was convicted by the Magistrate’s court at Kapenguria for the offence of defilement contrary to Section 8(1) of the Sexual Offences Act. He was sentenced to 15 years imprisonment. He appealed to the High Court. That appeal was dismissed in its entirety in a judgment delivered on 17th July 2012.
This is his second appeal. Under Section 361(1) of the Criminal Procedure Code, our mandate on a second appeal is restricted to matters of law. [See M’Riungu v. R [1983] KLR455]. See also Karingo v. Republic [1982] KLR 213] where the Court stated:
“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did (Reuben Karari s/o Karanja v. Republic (1950) 17 EACA 146)”
The appellant appeared be…