Okutoto v Republic [2025] KEHC 3703 (KLR)

Okutoto v Republic (Criminal Revision 353 of 2024) [2025] KEHC 3703 (KLR) (26 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3703 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 353 of 2024

DR Kavedza, J

March 26, 2025

Between

Evans Nyapola Okutoto

Applicant

and

Republic

Respondent

Ruling

1. This file was opened for purposes of considering whether the convict Evans Nyapola Okutoto is suitable for consideration of his sentence review in the spirit of prison decongestion pursuant to the Chief Justice Memo dated 7th December 2022.

2. The applicant was convicted for the offence of being in possession of alcoholic drinks that do not conform to the prescribed standards of distillation and packaging contrary to Section 27(1)(b) as read with 27(4) of the Alcoholic Drinks Control Act. He was sentenced on 22nd August 2024 to a fine of ksh.10,000/- in default to serve 3(three) months imprisonment.

3. According to the probation report dated 4th February 2025 on record the Applicant has already served the full sentence at Nairobi West Prison and was released on 22nd October 2024.

4. I therefore find that the Applicant completed the sentence.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 26TH MARCH 2025. D. KAVEDZAJUDGE