[2018] KEHC 5192 (KLR)
The court found that the applicant had served eight years under a detention order made pursuant to a lawful finding of 'guilty but insane.' Medical evidence confirmed her restoration to sound mental health. Given her lengthy detention, her current ability to care for herself, and the welfare of her children under...
Source-derived case information.
- Citation
- [2018] KEHC 5192 (KLR)
- Parties
- Applicant: L G N; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 109 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised; applicant released on probation subject to suitability
- Judges
- FN Muchemi
- Legal Topics
- Insanity Defence, President Pleasure Detention, Sentence Revision, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L G N
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant, previously found 'guilty but insane' and detained at the president's pleasure, should have her sentence revised in light of her restored mental health and personal circumstances.
Ratio Decidendi
The court found that the applicant had served eight years under a detention order made pursuant to a lawful finding of 'guilty but insane.' Medical evidence confirmed her restoration to sound mental health. Given her lengthy detention, her current ability to care for herself, and the welfare of her children under the care of an elderly mother, the court determined that continued detention was no longer justified. The sentence was revised to probation, subject to suitability, to facilitate her reintegration into society and provide necessary support after prolonged confinement.
Court Disposition
sentence revised; applicant released on probation subject to suitability
Orders
- The sentence of detention at the president's pleasure is revised to a probation sentence subject to suitability.
- The applicant is to undergo counseling and adjustment support as part of probation.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL REVISION NO. 109 OF 2018
L G N........................................................................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
R U L I N G
1. This is an application for revision arising from the judgment of L.K. Mutai Principal Magistrate. The trial court found the applicant “guilty but insane” for the offences of assault contrary to Section 252 and grievous harm contrary to Section 234 of the Penal Code. The learned magistrate made a special finding ordered that the applicant be detained under the president's pleasure by virtue of Section 166 of the Criminal Procedure Code.
2. The applicant does not fault the proceedings, order or sentence of the trial magistrate. Her plea is for leniency based on the following grounds:-
(a) That she has served under the President's pleasure detention order at Langata Prison for a period of eight (8) years.
(b) That she was insane when she committed the offence but has now been certified of sound mind.
(c) That she has a fixed abode.
(d) That the welfare of her children has been adversely affected due to her prolonged absence from home.
(e) She has two children under the care of her aged mother who is of over 80 years.
3. I have perused the doctor's report dated 9/04/2018 by Dr. Mburu of Mathare Mental Hospital. It confirms that the applicant has now become capable of making her defence. This means that the applicant has received full treatment on her mental illness with positive results.
4. I note that the order of the magistrate was made within the law. However, due to the fact that the mental status of the applicant has changed, she can now look after herself unlike the time of sentencing.
5. Having been detained for 8 years and also given the fact that she has children at home under the care of her aged mother, it is appropriate to revise the sentence imposed by the trial court.
6. I hereby revise the sentence on the grounds that the period of eight (8) years served for the two offences is sufficient.
7. I direct that the applicant be given a probation sentence subject to suitability which will assist her to undergo counseling and to adjust in society having been confined for a long time.
8. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 10TH DAY OF JULY, 2018.
F. MUCHEMI
JUDGE
In the presence of:-
Ms. Mate for State
Applicant