[2025] KEHC 1823 (KLR)
The court found that the accused has not been certified fit to stand trial since the order of 22nd February 2010, which stayed proceedings and directed that the accused be taken for mental treatment. The prosecution has not been able to proceed due to lack of witnesses and absence of directions from the Director of...
Source-derived case information.
- Citation
- [2025] KEHC 1823 (KLR)
- Parties
- Applicant: Republic; Defendant: Sironga Kiriamunyi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2009
- Procedural Posture
- Criminal Case / Ruling on Continuation of Proceedings Due to Accused's Mental Incapacity
- Outcome
- Proceedings stayed; accused to continue mental treatment pending DPP's decision.
- Judges
- JM Nang'ea
- Legal Topics
- Mental Incapacity, Fitness to Stand Trial, Criminal Procedure Code Section 166, Criminal Procedure Code Section 167, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sironga Kiriamunyi
Defendant
Procedural Posture
Criminal Case / Ruling on Continuation of Proceedings Due to Accused's Mental Incapacity
Legal Issues
- 1 Whether the proceedings against the accused should continue in light of his mental incapacity.
- 2 Whether the accused should be detained at the President's pleasure under Section 166 of the Criminal Procedure Code.
- 3 Whether the previous orders staying proceedings remain in force.
Ratio Decidendi
The court found that the accused has not been certified fit to stand trial since the order of 22nd February 2010, which stayed proceedings and directed that the accused be taken for mental treatment. The prosecution has not been able to proceed due to lack of witnesses and absence of directions from the Director of Public Prosecutions. The court reviewed its previous ruling and confirmed that the proceedings remain stayed, and the accused should continue to undergo mental treatment until the DPP communicates a decision on whether the prosecution will continue. The accused will not be produced in court unless and until the DPP acts in accordance with the law.
Court Disposition
Proceedings stayed; accused to continue mental treatment pending DPP's decision.
Orders
- The proceedings herein stand stayed as per the order of 22nd February 2010.
- The court's ruling of 19th October 2023 is reviewed accordingly.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kiriamunyi (Criminal Case 52 of 2009) [2025] KEHC 1823 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1823 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 52 of 2009
JM Nang'ea, J
February 20, 2025
Between
Republic
Prosecution
and
Sironga Kiriamunyi
Accused
Ruling
1. The accused herein has never pleaded to the murder charge preferred against him owing to mental incapacity. By ruling of my brother (H. M. Nyaga J) delivered on 19th October 2023, hearing of the case was directed to proceed pursuant to Section 167(b) of the Criminal Procedure Code. This enactment allows this court to try a case notwithstanding that the accused does not understand the proceedings.
2. Hearing has never taken place after the court’s order for the main reason that the Prosecution cannot procure attendance of their witnesses. It appears that the prosecution is also reluctant to continue with the prosecution in light of the mental incapacity of the accused. On 19th November 2024 the Prosecution Counsel (Ms Sang) indicated that she would seek the Director of Public Prosecutions’ (DPP) directions which, unfortunately, have not been given to date. The Prosecution Counsel therefore seems to be at a loss.
3. The Defence Counsel (Mr Gakinya) told the court on 31st October 2024 that the case was in fact terminated on 3rd January 2010. Alternatively, Counsel suggest that the accused be detained in the President’s pleasure pursuant to Section 166 of the Criminal Procedure Code.
4. I have considered Counsel Submissions and the record of this very old case. It is very unfortunate that the accused has been subjected to such uncertainty this long considering his health status.
5. Contrary to the defence Counsel’s Submissions, I am unable to see any proceedings of 3rd January 2010 on the record. I have, however, established that Hon. W. Ouko J (as he then was) did in fact terminate these proceedings on 22nd February 2010, following a Psychiatrist’s Report that the accused was unfit to stand trial. The court directed inter alia that he be taken to Mathari Mental Hospital for treatment. Since then the accused has not been certified ready for trial and the DPP has not communicated his decision to the court as to whether or not the prosecution will continue as per the provisions of Section 163 of the Criminal Procedure Code.
6. The proceedings herein therefore stand stayed as per the order of 22nd February 2010. The court’s ruling of 19th October, 2023 is reviewed accordingly.
7. The accused should therefore be undergoing mental treatment until such a time that the DPP shall communicate his decision whether or not the prosecution will continue. As the proceedings have been stayed, the accused will not be produced in court until and unless the DPP acts in accordance with the law.
RULING DELIVERED THIS 20TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:J. M. NANG’EA, JUDGE.Ms Sang for the DPPMr Gakinya Advocate for the accused, AbsentAccused, Absent