Ekutan v Republic (Criminal Revision E043 of 2025) [2025] KEHC 19541 (KLR) (25 July 2025) (Ruling) Neutral citation: [2025] KEHC 19541 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E043 OF 2025 PJO OTIENO, J JULY 25, 2025 BETWEEN BEN EKUTAN .......................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The offender was arrested on 7/1/2023 and arraigned in court on the 8/1/2025 charged with the offence of being in possession of illegal alcoholic drinks contrary to section 31(1) as read with section 31 (3) of the Turkana County, Alcoholic Drinks Control Act.. 2. He pleaded guilty to the charges, was convicted accordingly and sentenced to pay a fine of Kshs.30,000/ = and in default serve one (1) year in prison. 3. It appears he was unable to pay the fine and currently serves the prison term at Lodwar G.K Prison. 4. Towards the decongestion of prison facilities and the need for reform and reintegration, the probation office has compiled and filed a sentence revision report which assert that the offender has reformed, undertakes never to reoffend and willing to serve a non-custodial sentence. 5. The court having read that report finds the request for revision merited and directs that the offender be forthwith released from custody to start a non-custodial sentence in the nature of community service order at Nakwamekwi chief’s office for a period of three months. 6. He shall be supervised by the office of the County Director of Probation. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 25TH DAY OF JULY, 2025. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19541/eng@2025-07-25 1
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