JUDGMENT OF THE COURT
1. The appellant, RPO, has in this second appeal, challenged his conviction and sentence to 15 years’ imprisonment by the Chief Magistrate’s court at Homa Bay for the offence of gang defilement contrary to Section 10 of Sexual Offences Act. His first appeal was dismissed by the High Court (Majanja, J.) in a judgment delivered on 26th August 2015.
2. This being a second appeal, our mandate is confined to matters of law by reason of Section 361(1) of the Criminal Procedure Code. As stated by the Court in Chamagong v. Republic (1984) KLR 611:
“A court on appeal will not normally interfere with a finding of fact by the trial Court whether in a Civil or Criminal case unless it is based on no evidence or on a misapprehension of the evidence, or the Judge is shown demonstrably to have acted in wrong principles in reaching the findings he did.”
3. The facts, based on the concurrent findings of the two courts below, are that on the 2nd October 2010 at about 2.00 p.m., HAO, th…