[2023] KEHC 23511 (KLR)
The court found that while the accused has mental health issues, there was no actual diagnosis provided, and the family was aware and willing to stand surety. The probation officer's negative description of the accused could be attributed to his psychological issues, which are treatable if properly diagnosed. The...
Source-derived case information.
- Citation
- [2023] KEHC 23511 (KLR)
- Parties
- Applicant: Republic; Defendant: PMK
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E021 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Review
- Outcome
- Bond granted with conditions.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail and Bond, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
PMK
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review
Legal Issues
- 1 Whether the accused should be granted bond pending trial for murder.
- 2 Whether the accused's mental health status constitutes a compelling reason to deny bond.
Ratio Decidendi
The court found that while the accused has mental health issues, there was no actual diagnosis provided, and the family was aware and willing to stand surety. The probation officer's negative description of the accused could be attributed to his psychological issues, which are treatable if properly diagnosed. The court emphasized that there were no compelling reasons to deny bond, as the concerns raised could be mitigated by ensuring the accused receives appropriate mental health care and counseling. The court also noted the importance of distinguishing between criminal responsibility and mental health treatment, and that the accused's right to health must be preserved even while facing...
Court Disposition
Bond granted with conditions.
Orders
- The accused may be released on bond of Ksh 150,000 with a surety of similar amount or two sureties of Ksh 75,000 each.
- Prison authorities to facilitate counseling services for the accused.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v PMK (Criminal Case E021 of 2021) [2023] KEHC 23511 (KLR) (11 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23511 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case E021 of 2021
TM Matheka, J
October 11, 2023
Between
Republic
Prosecution
and
PMK
Accused
Ruling
1. PMK is charged with Murder c/s 203 as read with 204 of the Penal Code. It is alleged that on the August 5, 2021 at [particulars withheld] area, Makueni Sub County within Makueni County he murdered Titus Kyuvi Kithuku.
2. He denied the offence on November 1, 2021.
3. A Pre-bail Report filed on the November 30, 2021 indicated that the deceased was the accused’s person’s paternal uncle and there were no known existing grudges. However, the family was fearful that the accused who had threatened to kill five other persons in the family would carry out the threat if released. The reported that he was a brutal person always fighting people. The probation officer described him as a person who is ‘temperamental, arrogant, [with] superpowers and brutal behaviours’.
4. The matter is before me for review of bond terms.
5. The report filed on September 13, 2023, indicates that the family was aware that he had suffered some psychological issues. They are willing to stand surety for him despite the attitude of the local administration that he is a community nuisance and a threat. This is where the local administration needs to be made aware of mental health issues so that they can raise awareness in their own communities. If these are diagnosed early then treatment could be given and such tragedies of loss of life and broken family relations could be prevented. It is important for people to know that prison is not a mental hospital and even persons who commit offences do not lose their right to health. See Hassan Hussein Yusuf v Republic [2016] eKLRHowever, the appellant shall be escorted to a medical facility with the capacity to reevaluate his mental condition. If in the opinion of a psychiatrist, he will not pause (sic) any danger to the public and himself he shall be set at liberty and prison authorities shall ensure that he is facilitated to his home. If the opinion is otherwise, he shall be admitted for treatment until such a time it will be safe to release him.
6. Evidently the accused has some mental health issues. The actual diagnosis is not known. The family is aware. The description by the probation officer could be attributed to the psychological issues that the accused has and which can be addressed through treatment if properly diagnosed. Hence there are no compelling reason to deny the accused person bond.
7. The accused may be released on bond of Ksh 150 000 with a surety of similar amount or two sureties of Ksh 75000 each. In the meantime, he may need counselling services which the Prison authorities ought to endeavour to obtain for him.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 11TH OCTOBER 2023MUMBUA T MATHEKAJUDGECA MWIWAAccused presentFor State Kazungu