JUDGMENT OF THE COURT
1. This is a second appeal by Vincent Mukhombwa Makotsi, (the appellant), who was charged, convicted and sentenced to 20 years’ imprisonment for the offence of defilement contrary to the provisions of Section 8 (1) as read with Section 8(3) of the Sexual Offences Act before the Chief Magistrates’ Court at Kakamega.
2. As far as concerns this appeal, Section 361 (1) (a) of the Criminal Procedure Code limits our jurisdiction to matters of law only. In Karani v. R [2010] 1 KLR 73 this Court stated as follows:
“This is a second appeal. By dint of the provisions of section 361 of the Criminal Procedure Code, we are enjoined to consider only matters of law. We cannot interfere with the decision of the superior court on facts unless it is demonstrated that the trial court and the first appellate court considered matters they ought not to have considered or that they failed to consider matters they should have considered or that looking at the evidence as a whole they were …