JUDGMENT OF THE COURT
This is a second appeal from the conviction of the appellant, Peter Waweru Githua, by the Magistrates’ court at Naivasha, a conviction that was confirmed on first appeal by the High Court of Kenya at Nakuru (Anyara Emukule, J.) in a Judgment delivered on 9th December, 2011. Our jurisdiction in an appeal like this one is limited by Section 361(1) (a) Criminal Procedure Code to consider only issues of law (if we find any) but not matters of fact which have been tried and retried by the two courts – See the case of Stephen M’Riungu v. Republic [1982-88] 1 KAR, 360 where this jurisdiction is discussed.
We visit the facts of the case purely to establish whether the two courts carried out their mandate as required by law and, if they did so, to establish whether there are issues of law arising in this appeal.
The charge facing the appellant was the offence of Incest by a Male contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006, particulars being that on 21s…