SIMON MWANDE V. REPUBLIC

JUDGEMENT OF THE COURT

This is a second appeal and as such only matters of law fall for our consideration pursuant to the provisions of Section 361 (1) (a) Criminal Procedure Code As this court has stated in many of the decisions, we will not normally interfere with the concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably to have acted on wrong principles in making those findings. In Koingo v. Republic [1982) KLR 213 that proposition was put as follows at page 219:

"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 based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did (Reuben Karari s/o Karanja v. R. [1956] E. A. C. A. 146)."

See also our recent decision in…