[2017] KEHC 9602 (KLR)
The court found that the applicant was suffering from a mental disturbance at the time of the offence and continues to experience hallucinations, indicating an ongoing mental health condition. The court determined that continued imprisonment would not serve the interests of justice or the applicant's welfare, as he...
Source-derived case information.
- Citation
- [2017] KEHC 9602 (KLR)
- Parties
- Appellant: Isaack Muthoga Constantion; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 414 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence set aside; applicant released
- Legal Topics
- Attempted Murder, Sentencing Revision, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Muthoga Constantion
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence imposed on the applicant for attempted murder should be revised in light of his mental health condition.
- 2 Whether continued imprisonment is appropriate given the applicant's mental state.
Ratio Decidendi
The court found that the applicant was suffering from a mental disturbance at the time of the offence and continues to experience hallucinations, indicating an ongoing mental health condition. The court determined that continued imprisonment would not serve the interests of justice or the applicant's welfare, as he does not comprehend the nature of his offence. The court exercised its revisionary jurisdiction to set aside the remainder of the sentence, ordering the applicant's immediate release so that his family can facilitate appropriate medical treatment. The decision was grounded in the recognition that penal incarceration is inappropriate for individuals whose criminal conduct is...
Court Disposition
sentence set aside; applicant released
Orders
- The remainder of the applicant's sentence is set aside.
- The applicant is to be forthwith set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 414 OF 2016
ISAACK MUTHOGA CONSTANTION………..……….….…APPELLANT
VERSUS
REPUBLIC…………….……………..…....….……………. RESPONDENT
RULING
The application herein is for revision of sentence. The Applicant was charged vide Makadara Criminal Case No. 5288 of 2013with the offence of attempted murder Contrary to Section 220 (a) of the Penal Code. It was alleged that on the 6th Day of November, 2013 at Kariobangi Estate within Nairobi County attempted unlawfully to cause the death of Muthue Kisigo Nguli by stabbing her on her back.
The Applicant was convicted on his plea of guilty and sentenced to serve seven (7) years imprisonment. The sentence was passed on 12/11/2013. He has therefore served close to three years of the sentence. The background leading the Applicant to committing the offence attests to a case of a person who was suffering from mental disturbance. He has severally narrated to this court that at that time, he was preventing someone who was lowering his sister’s casket into a grave. According to the Applicant his sister had instructed him before she died that he should not allow anyone to lower her coffin into a grave. This prompted this court to make a referral for him to be treated at Mathari Mental Hosptial. Although he has been treated, it appears he is still suffering from the same hallucinations. It seems to this court that he still does not think he attempted to kill anyone and all that he was trying to do was to prevent his sister’s casket from being lowered into the grave. The best that this court can do for him is to release him so that his family can take him for treatment. It is clear that he has a mental issue that needs to be attended to. Keeping him in prison will only worsen his condition as he does not know that he committed an offence.
In the end, I set aside the reminder of sentence. I order that the Applicant be forthwith set free unless he is otherwise lawfully held. The prison should ensure that he is picked up from prison by a family member.
Dated and delivered at Nairobi this 23rd October, 2017.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Appellant in person.
2. Miss Kimiri for the Respondent.