WELLINGTON WANYONYI V REPUBLIC[2013]eKLR Lastly while on the conviction, the appellant submits that the evidence of the complainant should not have been relied on as there was, according to him no proper corroboration of that evidence. The Clinical Officer's evidence on the findings of torn hymen clearly corroborates the complainant's evidence coupled with the fact that when she suspected that the appellant might make her pregnant or infect her with AIDS she reported to her aunt and uncle what the appellant had all along done to her. We do not assign any weight to the allegations that the appellant admitted before P, E and the complainant that the complainant's report was true, as in law that was not admissible, nonetheless, the complainant's reporting to her guardians what had been happening to her to a large extent confirms that she was speaking the truth for there was no evidence that she was prompted by anybody into offering that information. Having considered all aspects of the appeal, we are not persuaded to accept that it is merited as far as conviction is concerned. On the sentence, we agree with the High Court that considering that the maximum sentence provided by law is 20 years and that the appellant took advantage of the complainant who was a child in school and violated her several times over a period, the sentence of 15 years imprisonment cannot be said to be excessive. In any event as this is a second appeal, we have no jurisdiction to consider the severity of sentence as that is treated as a matter of fact. See Section 361(1)(a). In conclusion, this appeal lacks merit. It is dismissed in its entirety. DATED and DELIVERED at ELDORET this 30th day of January, 2013. J.W. ONYANGO OTIENO …................................................... JUDGE OF APPEAL W. KARANJA ….................................. JUDGE OF APPEAL M.K. KOOME ….................................. JUDGE OF APPEAL http://www.kenyalaw.org - Page 4/5