JUDGMENT OF THE COURT
This is a second appeal and by dint of Section 361(1)(a) of the Criminal Procedure Code only issues of law may be considered by this Court. Judicial pronouncements on this legal principle are germane - see for instance NJOROGE VS.REPUBLIC [1982] KLR 388 and JOHN GITONGA alias KADOS v. REPUBLIC (Nyeri) Criminal Appeal No. 149 of2006 (UR). In the latter case it was stated:-
“This being a second appeal, we are reminded of our primary role as the second appellate court namely to steer clear of all issues of facts and only concern ourselves with issues of law...”
The appellant, Samson Abakuku also known as Boyi was charged before the Principal Magistrate's Court, Maseno, on two counts. In the first count he was charged with defilement of a girl contrary to Section 8(1) and (3) of The Sexual Offences Act No.3 of2006, particulars being that on 28th February, 2010 at 9.20 p.m in Emuhaya, he unlawfully penetrated into the genital organs (vagina) of "L.A.", a child between th…