[2024] KEHC 1298 (KLR)
The court held that, following the Kimaru decision, the continued detention of the petitioner at the pleasure of the President is unconstitutional. However, since the original sentence was based on the petitioner.s insanity at the time of the offence, it is necessary to establish his current mental health status...
Source-derived case information.
- Citation
- [2024] KEHC 1298 (KLR)
- Parties
- Applicant: Philip Okurutu Okisai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Sentence Review Application
- Outcome
- Application for sentence review allowed; further orders deferred pending psychiatric evaluation.
- Judges
- WM Musyoka
- Legal Topics
- Insanity Defence, Unconstitutional Sentencing, Detention at President Pleasure, Mental Health Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Okurutu Okisai
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the continued detention of the petitioner at the pleasure of the President is unconstitutional following the Kimaru decision.
- 2 Whether the petitioner.s current mental health status should be evaluated before reviewing the sentence.
Ratio Decidendi
The court held that, following the Kimaru decision, the continued detention of the petitioner at the pleasure of the President is unconstitutional. However, since the original sentence was based on the petitioner.s insanity at the time of the offence, it is necessary to establish his current mental health status before making any further orders regarding his sentence. The court therefore directed that the petitioner be evaluated by a government psychiatrist, with a medico-legal report to be filed, before the matter is mentioned for further directions.
Court Disposition
Application for sentence review allowed; further orders deferred pending psychiatric evaluation.
Orders
- The prison authorities shall present the petitioner to a government psychiatrist for evaluation of his current mental health.
- The psychiatrist shall prepare a medico-legal report to be presented in court.
Full Case Text
Judgment text and source record
19 paragraphs
Okisai v Republic (Criminal Petition E004 of 2023) [2024] KEHC 1298 (KLR) (16 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1298 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Petition E004 of 2023
WM Musyoka, J
February 16, 2024
Between
Philip Okurutu Okisai
Petitioner
and
Republic
Respondent
Ruling
1. I note from the judgement of 18th February 2019, in Busia HCCRC No. 15 of 2014, that the petitioner was found guilty but insane, and was to be detained at the pleasure of the President. He would like a review of that sentence.
2. The starting point should be the decision in Kimaru & 17 others v Attorney-General [2022] KEHC 114 (KLR)(Mrima, J), where the sentencing of a person found guilty but insane, to detention at the pleasure of the President, was declared unconstitutional. There were directions that the persons affected by that order, like the petitioner herein, should have been produced before the courts which had made the orders, for review of their sentences in line with that decision. I am surprised that that never happened in this case.
3. Anyhow, the sentence imposed was on the basis that the accused person was insane or of unsound mind at the time of the commission of the offence, and the detention at the pleasure of the President was designed afford opportunity for him to be held in a facility where his mental issues could be addressed. Therefore, before any orders can be made on his sentence, it will be crucial that his current mental health status be established.
4. Consequently, I direct the prison authorities, where the petitioner is being held, to forthwith present the petitioner to a government psychiatrist, for evaluation of his current mental health. The said psychiatrist shall prepare a medico-legal report, which shall thereafter be presented in court. A certified copy of this ruling, or an order duly extracted here from, shall be furnished to the said psychiatrist. The matter shall be mentioned after 30 days, for compliance, and for further directions or orders. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 16TH DAY OF FEBRUARY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Philip Okurutu Okisai, the petitioner in person.AdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.