Republic v Mwakoi (Criminal Case E005 of 2026) [2026] KEHC 5658 (KLR) (29 April 2026) (Ruling)

The accused is to be considered for diversion due to mental health problems at the time of the offence, as supported by the psychiatrist report and prosecution's concession.

Citation: [2026] KEHC 5658 (KLR)
Parties: Prosecutor: Republic; Accused: Pauline Wakesho Mwakoi
Court: High Court
Jurisdiction: Kenya
Judgment Date: 29 April 2026
Case Number: Criminal Case E005 of 2026
Procedural Posture: Criminal / Ruling
Outcome: Application for diversion conceded; case to be mentioned for diversion process.
Legal Topics: Diversion, Mental Health, Infanticide
Source Language: English

Criminal Law Diversion Mental Health Infanticide

Case Brief

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Parties

Republic

Prosecutor

Pauline Wakesho Mwakoi

Accused

Procedural Posture

Criminal / Ruling

Legal Issues

1 Whether the accused should be considered for diversion due to mental health circumstances

Ratio Decidendi

The accused is to be considered for diversion due to mental health problems at the time of the offence, as supported by the psychiatrist report and prosecution's concession.

Court Disposition

Application for diversion conceded; case to be mentioned for diversion process.

Orders

Case to be mentioned on 2nd June 2026 to enable the accused to undergo the diversion process