JALI KAZUNGU GONA V. REPUBLIC

JUDGMENT OF THE COURT

1. This is a second appeal against the appellant’s conviction for the offence of defilement. As such, the Court ought to remain alive to the fact that by dint of Section 361 (1) of the Criminal Procedure Code, its jurisdiction is confined to matters of law only. In the same vein, this Court has stated severally, that it will not normally interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown to have demonstrably acted on wrong principles in making the findings. This much was restated by this Court in Alvan Gitonga Mwosa v. Republic [2015] eKLR.

2. The brief circumstances surrounding this appeal are that on 21^st October, 2010 at around 3:00 p.m. while BP, a girl child aged 15 years old, was by the seashore at [particulars withheld], she was stopped by an unknown man but she chose not to pay attention to him. Suddenly, the man b…