[2008] KEHC 975 (KLR)
The court found that the psychiatric report was inconclusive regarding the accused's mental fitness to stand trial. The psychiatrist indicated that the accused's intelligence is low but she is not mute or deaf and can follow simple instructions, and further information from a close relative is needed for a proper...
Source-derived case information.
- Citation
- [2008] KEHC 975 (KLR)
- Parties
- Applicant: Republic; Defendant: Deize Chelangat Kirui
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 82 of 2008
- Procedural Posture
- Criminal Case / Pre Trial Ruling on Accused's Fitness to Stand Trial
- Outcome
- adjourned for further psychiatric evaluation
- Judges
- DK Maraga
- Legal Topics
- Fitness to Stand Trial, Psychiatric Evaluation, Criminal Procedure, Murder Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Deize Chelangat Kirui
Defendant
Procedural Posture
Criminal Case / Pre Trial Ruling on Accused's Fitness to Stand Trial
Legal Issues
- 1 Whether the accused is mentally fit to stand trial for the offence of murder.
- 2 Whether the court should proceed under Section 167(b) or Section 162 of the Criminal Procedure Code in light of the inconclusive psychiatric report.
Ratio Decidendi
The court found that the psychiatric report was inconclusive regarding the accused's mental fitness to stand trial. The psychiatrist indicated that the accused's intelligence is low but she is not mute or deaf and can follow simple instructions, and further information from a close relative is needed for a proper diagnosis. Therefore, the court declined both the prosecution's request to proceed under Section 167(b) and the defence's request to hold the accused at the President's pleasure under Section 162. The court instead directed the police to facilitate an interview between the psychiatrist and a close relative of the accused to enable a conclusive psychiatric assessment.
Court Disposition
adjourned for further psychiatric evaluation
Orders
- The police are directed to contact a close relative of the accused to attend an interview with the Provincial Psychiatrist as required.
- Mention scheduled for 31st October 2008.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Case 82 of 2008
REPUBLIC………….………………..PROSECUTOR
VERSUS
DEIZE CHELANGAT KIRUI…….....……..ACCUSED
RULING
The Provincial Psychiatrist’s report dated 11th September 2008 following the prosecution request to examine the accused as to whether or not the she is mentally fit to stand trial for the offence of murder, is inconclusive. The Psychiatrist says that the Accused’s intelligence is quite low but she is not dump or deaf and can understand and follow simple instructions. He would like to interview a close relative who would provide more information about her before he can make an appropriate psychiatric diagnosis on her. In the circumstances I cannot accede to the state counsel’s plea that the court proceeds with the hearing under Section 167(b) of the Criminal Procedure Code or that of the defence counsel that the accused should be held at the pleasure of the President under Section 162 of the Criminal Procedure Code. Instead I direct the police to contact a close relative of the Accused to go to the Provincial Psychiatrist for interview as he requires. Mention on 31st October 2008.
DATED and delivered at Nakuru this 26th day of September 2008.
D. K. MARAGA
JUDGE