JOHN LUYI LIKHANGA V. REPUBLIC

JUDGMENT OF THE COURT

1.The appellant was charged with the offence of defilement of a six year old girl, J. A, contrary to section 8 (2) of the Sexual Offences Act No. 3 of 2006. The offence was alleged to have been committed on 7^th September, 2007.

2. After a full trial, the appellant was convicted of the said offence and sentenced to life imprisonment as by law provided. The appellant’s appeal to the High Court at Kakamega was unsuccessful and so he preferred a second appeal to this Court.

3. The jurisdiction of this Court on a second appeal is well circumscribed by section 361 (1) of the Criminal Procedure Code. In such an appeal the Court is restricted to points of law only; unless it is shown that the two courts below considered matters of fact that should not have been considered or failed to consider matters that they should have considered or that looking at the evidence they were plainly wrong. See DZOMBO MATAZA v. REPUBLIC [2014] eKLR.

4. The appellant, who was unrepresented, re…