[2021] KEHC 7747 (KLR)
The court found, based on the psychiatric report from Mathari National Teaching and Referral Hospital, that the accused's mental state had improved and he now understands the nature of the charge and possible sentence. Consequently, the court determined that the accused is fit to plead and participate in his trial....
Source-derived case information.
- Citation
- [2021] KEHC 7747 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Raymond Abisolom Ogolla Adino
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2015
- Procedural Posture
- Criminal Case / Ruling on Mental Fitness to Plead
- Outcome
- Accused found fit to plead; ordered released from hospital and returned to prison for further proceedings.
- Judges
- RE Aburili
- Legal Topics
- Mental Capacity, Fitness to Plead, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Raymond Abisolom Ogolla Adino
Defendant
Procedural Posture
Criminal Case / Ruling on Mental Fitness to Plead
Legal Issues
- 1 Whether the accused is mentally fit to plead to the charge of murder.
- 2 Whether the accused should continue to be detained at Mathari Hospital or be returned to prison for further proceedings.
Ratio Decidendi
The court found, based on the psychiatric report from Mathari National Teaching and Referral Hospital, that the accused's mental state had improved and he now understands the nature of the charge and possible sentence. Consequently, the court determined that the accused is fit to plead and participate in his trial. The court therefore ordered his release from the mental health facility and return to prison for production before the court for further directions on the hearing of his case.
Court Disposition
Accused found fit to plead; ordered released from hospital and returned to prison for further proceedings.
Orders
- The accused Raymond Abisolom Ogolla Adino is to be released from Mathari National Teaching & Referral Hospital.
- The accused is to be returned to Siaya G.K. Prisons for production before the court for mention of his case on 27/4/2021.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 43 OF 2015
CORAM: R.E. ABURILI, J
STATE...............................................................................PROSECUTION
VERSUS
RAYMOND ABISOLOM OGOLLA ADINO.........................ACCUSED
RULING
1. The accused person herein Raymond Abisolom Ogolla Adino is charged with the offence of murder but he has never taken plea on account of mental incapacity. No sooner had he been arraigned than he was send to Mathari Hospital for psychiatric treatment to date. This court has been receiving reports on progress of his treatment.
2. I have read the Mental Assessment Progress Report on the accused person Raymond Abisolom Ogolla Adino from Dr. Catherine Syengo Mutisya of Mathari National Teaching and Referral Hospital. The report is dated 15/3/2021.
3. The accused is said to have improved and understands the nature of the charge facing him and possible sentence. His mental state is stable.
4. In the premises, I direct that the accused Raymond Abisolom Ogolla Adino be released from Mathari National Teaching & Referral Hospital and be returned to Siaya G.K. Prisons for production before this court for Mention of his case on 27/4/2021 for further directions on the hearing of his case.
5. The Hospital, ODPP and Siaya G.K. Prisons to be served with this Ruling/Order.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 19th day of April 2021
R.E. ABURILI
JUDGE