PAUL SYENGO MUSYOKA V. REPUBLIC

JUDGMENT OF THE COURT

1. Paul Syengo Musyoka (the appellant) was charged in the Principal Magistrate’s Court at Kyuso with one count of defilement contrary to Section 8(1) & (2) of the Sexual Offences Act and an alternative count of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. The trial court on finding him culpable of the main count convicted and sentenced him to life imprisonment. He was dissatisfied and he preferred an appeal in the High Court which equally confirmed the conviction and sentence issued by the trial court.

2. Unrelenting, the appellant is before us on a second appeal and as such, our jurisdiction is well captured in the case of Karani v. R [2010] 1 KLR 73 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 c…