JOHANA LWEBE MUYUGO V. REPUBLIC

JUDMENT OF THE COURT

[1] This is a second appeal by Johana Lwebe Muyugo (appellant) who was charged, tried, convicted and sentenced to life imprisonment for the offence of defilement contrary to the provisions of Section 8 (2) of the Sexual Offences Act before the Senior Principal Magistrate’s court at Kilifi. As far as this appeal is concerned our jurisdiction is circumscribed under Section 361 (1) (a) of the Criminal Procedure Code to only matters of law. 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 plainly wr…