[2019] KEHC 8843 (KLR)
The court found that the accused, having been diagnosed with a psychotic disorder and suffering from multiple health conditions, was insane at the time of committing the offence. After considering the psychiatric reports and the accused's recovery, the court entered a special finding of guilty but insane under...
Source-derived case information.
- Citation
- [2019] KEHC 8843 (KLR)
- Parties
- Respondent: Republic; Defendant: PKI
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2012
- Procedural Posture
- Criminal Case / Ruling on Sentence and Orders After Special Finding of Guilty But Insane
- Outcome
- Accused ordered to be detained at the pleasure of the President following a special finding of guilty but insane.
- Judges
- AM Cockar
- Legal Topics
- Murder, Insanity Defence, Criminal Procedure, Mental Health, Sentencing, Presidential Pleasure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
PKI
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence and Orders After Special Finding of Guilty But Insane
Legal Issues
- 1 Whether the accused was criminally responsible for murder given his mental state at the time of the offence.
- 2 What orders should be made following a special finding of guilty but insane under section 166(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the accused, having been diagnosed with a psychotic disorder and suffering from multiple health conditions, was insane at the time of committing the offence. After considering the psychiatric reports and the accused's recovery, the court entered a special finding of guilty but insane under section 166(1) of the Criminal Procedure Code. The law mandates that in such circumstances, the court must report the case for the order of the President and order the accused to be detained at the President's pleasure. The court considered the mitigation advanced by the defence but held that the statutory framework leaves no discretion as to the nature of the order to be made...
Court Disposition
Accused ordered to be detained at the pleasure of the President following a special finding of guilty but insane.
Orders
- The accused be detained at the pleasure of the President.
- The proceedings, judgement and order of the court to be typed, certified, and placed before the Cabinet Secretary, Ministry for Interior and National Coordination for reporting to the President as provided under section 166(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 31 OF 2012
Lesiit, J.
REPUBLIC.........PROSECUTION
VERSUS
PKI...............................ACCUSED
RULING
1. The accused was convicted of Murder contrary to section 203 as read with section 204of thePenal Code. The court entered a special finding of guilty but insane under section 166 (1)of theCriminal Procedure Code.
2. I have considered that the prosecution is treating the accused as a first offender.
3. The accused was arraigned in court for the very first time on 19th April, 2012. During that period pending his trial, the accused remained in custody throughout his trial.
4. Mr. Tunya, Learned Defence Counsel in mitigation urged the court to take the following factors into consideration.
a) That the accused was aged 57 years old
b) That he was in custody throughout his trial.
c) That the accused was remorseful for the offence and regrets what happened to his own daughter
d) That he still gets mental problems
e) That he is sickly being HIV+, Diabetic and Hypertensive
f) That his children are under the care of his mother who is over 72 years old
5 I have considered the mitigation by the defence counsel.
6. The accused was diagnosed with Psychotic disorder and that is the reason this trial took so long. He was admitted several times between 2012 and 2017. On 30th January 2013 the accused escaped from Mathare hospital and was re-arrested on 31st October, 2013 where he continued his medication for mental illness among other medical issues he had.
10. On 22nd April, 2015 pursuant to a court order, a three- member Board consisting of three Consultant Psychiatrists was formed to access the mental status of the accused. A report dated 22nd April, 2015 indicated that the accused was suffering from Psychotic disorder possibly secondary to Retroviral Disease, Diabetes Mellitus and Hypertension.
11. The final report from Mathare Hospital dated 2nd November, 2017 stated that the accused had recovered and was fit to plead.
12. After hearing the case, the court entered a special finding under section 166(1) of the Criminal Procedure Code to the effect that the accused was guilty but insane. Having entered that special finding as provided under section 166(2) this court is required to report the case for the order of the President at the same time to order for the accused to be kept in custody.
13. Accordingly, I order
i). That the accused be Detained at the Pleasure of the President.
ii). I further order that the proceedings, judgement and order of this court be typed and certified and the same be placed before the Cabinet Secretary, Ministry for Interior and National Coordination, which is the Ministry in charge of Prisons, for reporting to the President for his consideration, as provided under section 166(2) of the Criminal Procedure Code.
The accused has a right of appeal against the conviction and sentence.
DATED AT NAIROBI THIS 28TH DAY OF MARCH, 2019.
LESIIT, J
JUDGE