Mochama v Republic (Miscellaneous Criminal Application E056 of 2024) [2026] KEHC 9564 (KLR) (2 July 2026) (Ruling)
The application was struck out because it sought review of a sentence that had already been challenged on appeal and affirmed by the High Court; the court held that the only lawful recourse was a second appeal to the Court of Appeal, and the new application was an abuse of process.
Source-derived case information.
- Citation
- [2026] KEHC 9564 (KLR)
- Parties
- Applicant: Alloys Nyariki Mochama; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E056 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision/review of Sentence After Appeal
- Outcome
- Application struck out
- Judges
- ["NM Orina"]
- Legal Topics
- Defilement, Revision of Sentence, Abuse of Court Process, Second Appeal, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alloys Nyariki Mochama
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision/review of Sentence After Appeal
Legal Issues
- 1 Whether the High Court could entertain a second application to review or revise a sentence that had already been appealed and affirmed by the same court.
- 2 Whether the applicant's mitigation could justify revision of a sentence previously upheld on appeal.
Ratio Decidendi
The application was struck out because it sought review of a sentence that had already been challenged on appeal and affirmed by the High Court; the court held that the only lawful recourse was a second appeal to the Court of Appeal, and the new application was an abuse of process.
Court Disposition
Application struck out
Orders
- The application for review/revision of sentence is struck out as an abuse of the court process.
- No further substantive relief granted.
Full Case Text
Judgment text and source record
1 paragraphs
**Republic Of Kenya** **In The High Court Of Kenya At Mombasa** **Misc. Criminal Appication No. E056 Of 2024** **Alloys Nyariki Mochama…….……………………..…………………..…………Applicant** **Versus** **Republic………………………………………………………..……………….…Respondent** **Ruling** 1. The Applicant was charged and convicted with the offence of defilement contrary to Section 8(1) as read together with Section 8(3) of the Sexual Offences Act. He was sentenced to twenty (20) years’ imprisonment which was upheld on appeal to this court. He has now moved this court, a second time, through an undated application seeking revision of his sentence in consideration of his mitigation. It is his case that the court is mandated to consider his mitigation and to revise his sentence accordingly. 2. The application before the court is an application for review of a sentence which has been the subject of appeal before this very court and judgment rendered on 28 July 2022. To that extent the same is an abuse of the court process and it cannot be entertained. The sentence imposed on the Applicant was considered on appeal by this court and affirmed. The only recourse available to the Applicant upon the determination of his appeal by this court was to prefer a second appeal to the Court of Appeal. The application is hereby same is struck out. **Ruling Dated and Delivered Virtually this 2nd day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **Nabil M. Orina** **Judge** **In the Presence of:** ***The Applicant*** ***Hamza – Court Assistant***