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JUDGMENT
This is a second appeal from the Judgment of the High Court of Kenya at Nairobi where the appellant’s first appeal was dismissed in a Judgment delivered on 20th June, 2012 (Achode, J.). The appellant had been charged before the Chief Magistrate’s Court at Makadara Law Courts in Criminal Case No. 3941 of 2009 with the offence of incest by a male person contrary to Section 20 (1) of the Sexual Offences Act No. 3 of 2006 particulars being that on 16th September, 2009 at around 9.00 p.m. at the place named in the charge sheet he caused his penis to penetrate the vagina of ZAE (hereinafter “PW1”), a female person who he knew to be his daughter aged 14 years. He was convicted after a trial and sentenced to 25 years imprisonment and as we have already stated above, his first appeal was dismissed.
Our mandate on a second appeal like this one is limited by Section 361 (1) (a) Criminal Procedure Code to consider only issues of law, if any, and we are obligated in law to resist the tempta…