JUDGEMENT OF THE COURT
Section 361 (1) (a) of the Criminal Procedure Code limits us, in a second appeal like this one, to the consideration of only issues of law and not matters of fact that have been tried by the trial court and re-evaluated by the first appellate court. That position in law has been stated and restated in many of the decisions of this court such as John Gitonga alias Kados v. Republic Nyeri Criminal Appeal No. 149 of 2006 (ur) this court stated that:-
“This being a second appeal, we are reminded of our primary role as the second appellate court namely to steer clear of all issues of facts and only concern ourselves with issues of law...”
See also M'Riungu v. Republic [1983] KLR 455.
Our examination of the facts, therefore, in this appeal, is purely to find out whether there are issues of law calling for our consideration.
The appellant, Stephen Otieno Wambi, was charged before the Senior Resident Magistrate's Court, Bondo, on a count of defilement of a child contrary to …