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 Page 1 of 1
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