GEORGE OKOTH OBWORO V. REPUBLIC

JUDGMENT OF THE COURT

1. The Appellant herein has proffered this second appeal challenging the sentence imposed on him by the trial Court for the offence of defilement. The role of this Court as the second appellate Court is as was set out in Karani v. R [2010] 1 KLR 73 where this Court pronounced itself 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 plainly wrong in their decision, in which case such omission or commission would be treated as matters of law.”

2. The concurrent findings of fact by the two courts below were that the victim herein is a 16 year old…