[2025] KEHC 3703 (KLR)
The court found that the applicant, Evans Nyapola Okutoto, had already served the full sentence imposed for the offence of possession of alcoholic drinks not conforming to prescribed standards. The probation report confirmed his release from Nairobi West Prison. Since the sentence had been fully served, there was no...
Source-derived case information.
- Citation
- [2025] KEHC 3703 (KLR)
- Parties
- Applicant: Evans Nyapola Okutoto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 353 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application spent; applicant has completed sentence.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Prison Decongestion, Alcoholic Drinks Control, Possession of Noncompliant Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evans Nyapola Okutoto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is eligible for sentence review under the Chief Justice Memo on prison decongestion.
- 2 Whether the applicant has already served the full sentence imposed for the offence.
Ratio Decidendi
The court found that the applicant, Evans Nyapola Okutoto, had already served the full sentence imposed for the offence of possession of alcoholic drinks not conforming to prescribed standards. The probation report confirmed his release from Nairobi West Prison. Since the sentence had been fully served, there was no basis for further sentence review under the Chief Justice Memo on prison decongestion. The application was therefore rendered moot and no further orders were necessary.
Court Disposition
Application spent; applicant has completed sentence.
Orders
- The applicant has completed the sentence. No further orders issued.
Full Case Text
Judgment text and source record
19 paragraphs
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