JUDGMENT OF THE COURT
This is a second appeal from the original conviction of the appellant, Samuel Chege Kihika by the Magistrate’s court and confirmed by the High Court on first appeal. Our mandate in an appeal like this one is donated by Section 361 (1) (a) Criminal Procedure Code. We are to consider only issues of law if we find any in the appeal but not consider the facts of the case as found by the trial court and re-evaluated on first appeal as the two courts are required to do – See this Court’s pronouncement in the case of M’Irungi v. Republic [1983] KLR 455 where it was stated:
“ ...where a right of appeal is confined to questions of law only, an appellate court has loyalty to accept the findings of fact of the lower court(s) and resist the temptation to treat findings of fact as holdings of law or mixed findings of fact and law, and it should not interfere with the decision of the trial or first appellate court unless it is apparent that, on the evidence, no reasonable tribun…