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Peter Osanya v. Republic

(2015) JELR 96602 (CA)

Court of Appeal  •  Criminal Appeal 246 of 2012  •  14 May 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

Section 361(1)(a) of the Criminal Procedure Code limits our jurisdiction in second appeals like this one to only matters of law. That provision has received judicial interpretation in numerous decisions of this Court such as CHEMOGONG v. REPUBLIC [1984] KLR 611, OGETO v. REPUBLIC [2004] KLR 14 and KOINGO v. REPUBLIC [1982) KLR 213 amongst others. In the latter case, it was pronounced:-

"A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless it is based on no evidence. The test to be applied on a second appeal is whether there was any evidence on which the trial court could find as it did(REUBEN KARASI s/o KARANJA v. R. [1956] 17 E.A.C.A 146)"

The appellant in this appeal, PETER OSANYA alias MASUMBUKO was charged before the Senior Magistrate Court, Butere, with defilement contrary to Section 8(1) and (3) of the Sexual Offences Act, being that on diverse dates betwe…

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