[2018] KEHC 2071 (KLR)
The court found the accused guilty of murder but insane at the time of the offence, as established by medical evidence of Schizophoria. Pursuant to section 166(1) of the Criminal Procedure Code, the court is mandated to commit such a person to a mental health facility for treatment rather than impose a conventional...
Source-derived case information.
- Citation
- [2018] KEHC 2071 (KLR)
- Parties
- Applicant: Republic; Defendant: D K N
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2017
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- Accused committed to mental hospital for ten years subject to review.
- Legal Topics
- Murder, Insanity Defence, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
D K N
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether the accused, having been found guilty but insane, should be committed for treatment under section 166 of the Criminal Procedure Code.
- 2 What is the appropriate duration and conditions for the accused's committal to a mental health facility.
Ratio Decidendi
The court found the accused guilty of murder but insane at the time of the offence, as established by medical evidence of Schizophoria. Pursuant to section 166(1) of the Criminal Procedure Code, the court is mandated to commit such a person to a mental health facility for treatment rather than impose a conventional sentence. The psychiatric report indicated that the accused is currently mentally fit, but the law requires committal for treatment and periodic review. Accordingly, the court ordered the accused to be committed to Mathari Mental Hospital for ten years, subject to review every two years, to ensure both the safety of the public and the continued assessment of the accused's...
Court Disposition
Accused committed to mental hospital for ten years subject to review.
Orders
- The accused, D K N, is committed to Mathari Mental Hospital for a period of ten (10) years.
- The committal is subject to review by the court in accordance with section 166 of the Criminal Procedure Code after every two (2) years.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL CASE NO. 24 OF 2017
BETWEEN
REPUBLIC.................................................................PROSECUTOR
AND
D K N...................................................................................ACCUSED
RULING ON SENTENCE
The accused, D K N was convicted of the offence of murder. I found him guilty but insane under the provisions of section 166(1) of the Criminal Procedure Code. The evidence showed that he was suffering from Schizophoria but at this time he is mentally fit as evidenced by the Psychiatrist report dated 11th October 2018.
In order him to get the necessary treatment, I commit him to Mathari Mental Hospital for a period of ten (10) years subject to review by the court in accordance with section 166 of the Criminal Procedure Code after every two (2) years.
Dated and delivered at Kisii this 29th day of November 2018.
D.S MAJANJA
JUDGE
Mr. Orinda, Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Okenya Advocate, for the accused.