https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9945
The psychiatric report established that the applicant was suffering from bipolar mood disorder at the time he took plea and was unfit to plead. Because he had no capacity to enter a guilty plea, the plea was a nullity and could not sustain the conviction or sentence. The plea was therefore quashed and the applicant...
Source-derived case information.
- Citation
- [2026] KEHC 9945 (KLR)
- Parties
- Applicant: Larry Lucas Samson; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Revision E024 of 2026
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling on Revision Application
- Outcome
- Application allowed; plea quashed; applicant released from prison custody forthwith unless otherwise lawfully held.
- Judges
- ["JN Njagi"]
- Legal Topics
- Revision of Sentence, Validity of Guilty Plea, Unfitness to Plead, Psychiatric Assessment, Quashing Conviction, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Larry Lucas Samson
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the High Court should exercise revisionary powers under section 362 of the Criminal Procedure Code.
- 2 Whether the applicant was mentally fit to enter a guilty plea at the time of plea-taking.
- 3 Whether the guilty plea and resulting sentence were a nullity due to bipolar mood disorder.
Ratio Decidendi
The psychiatric report established that the applicant was suffering from bipolar mood disorder at the time he took plea and was unfit to plead. Because he had no capacity to enter a guilty plea, the plea was a nullity and could not sustain the conviction or sentence. The plea was therefore quashed and the applicant ordered released unless otherwise lawfully held.
Court Disposition
Application allowed; plea quashed; applicant released from prison custody forthwith unless otherwise lawfully held.
Orders
- The plea of guilty entered by the trial court is quashed.
- The applicant shall be released from prison custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
1 paragraphs
Samson v Republic (Miscellaneous Criminal Revision E024 of 2026) [2026] KEHC 9945 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 9945 (KLR) Republic of Kenya In the High Court at Garsen Miscellaneous Criminal Revision E024 of 2026 JN Njagi, J July 8, 2026 Between Larry Lucas Samson Applicant and Republic Respondent Ruling 1.The Applicant herein has filed an application dated 10th February 2026 seeking for review of his sentence on the grounds of invalidity of his guilty plea as he was suffering from bipolar mood disorder, which condition was discovered after he had been sentenced and committed to prison custody. He seeks for immediate release from prison custody and in the alternative for substitution of his remaining custodial sentence with a probation order under the probation of offenders Act. 2.The applicant is made pursuant to the provisions of Section 362 of the Criminal Procedure Code that grants the High Court power of revision of orders or judgements made by subordinate courts so as to satisfy itself as to the correctness, legality or propriety of any findings, sentence or order of such court. 3.The application is supported by the affidavit of the mother to the applicant, Clara Ngori Amon, in which she deposes that the Applicant was arrested on 12th September 2023 and arraigned at Lamu court on 15th September 2023. He was convicted on his own plea of guilty for the offence of assault and was sentenced to serve 5 years imprisonment. That on 25th October 2023 the court made an order for the Applicant to undergo a Psychiatric assessment and the same was done on 8th November 2023 by a Consultant Psychiatrist Dr.Janbibi Mohamed of Port Reitz Sub-County Hospital in Mombasa who diagnosed him with bipolar mood disorder. The doctor found him unfit to plead to a criminal charge. 4.It was deposed that the plea of guilty recoded on 15th September 2023 was procedurally irregular and unjust. That the applicant has as of now been in prison for 2 years. That he lacked the capacity to take plea of guilty. The report of the doctor was annexed to the application. 5.I have considered the grounds in support of the application and the Psychiatric report of Dr.Janbibi Mohamed. It is evident that the Applicant was at the time of taking plea suffering from a medical condition called bipolar mood disorder. As a result of the sickness of mind he had no capacity to plead to the charge. The plea was nullity. 6.Consequently the plea of guilty entered by the trial court is quashed. I order that the Applicant be released from prison custody forthwith unless otherwise lawfully held. RULING DELIVERED, DATED AND SIGNED AT GARSEN THIS 8TH JULY 2026.J.N.NJAGIJUDGEIn the presence of:Ms. Oluoch for RespondentRespondent – present virtually at Shimo la tewa G.K PrisonCourt Assistant - Farhan