[2023] KEHC 25044 (KLR)
The court determined that, although the accused was convicted of murder, his current mental state rendered him unfit for ordinary sentencing. The court relied on psychiatric assessments indicating drug-induced psychosis and ongoing mental health concerns. Given the inability to obtain further family input for a...
Source-derived case information.
- Citation
- [2023] KEHC 25044 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Njuguna Wangare
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2018
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused committed to mental institution for treatment; periodic psychiatric reports ordered.
- Judges
- RB Ngetich
- Legal Topics
- Murder, Mental Health in Criminal Law, Sentencing, Fitness to Stand Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Njuguna Wangare
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused is fit for sentencing in light of his mental health status.
- 2 What is the appropriate sentence for the accused convicted of murder given his mental condition.
Ratio Decidendi
The court determined that, although the accused was convicted of murder, his current mental state rendered him unfit for ordinary sentencing. The court relied on psychiatric assessments indicating drug-induced psychosis and ongoing mental health concerns. Given the inability to obtain further family input for a conclusive assessment, and in the interest of both the accused's welfare and public safety, the court found it appropriate to commit the accused to a mental institution for treatment. The court ordered periodic psychiatric reports every six months to inform any further directions, applying Section 166 of the Criminal Procedure Code, which allows for such measures when an accused is...
Court Disposition
Accused committed to mental institution for treatment; periodic psychiatric reports ordered.
Orders
- Accused is hereby committed to Mathare National Teaching and Referral Hospital for treatment.
- Report by psychiatrist to be filed in court after 6 months to enable court make further directions.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Wangare (Criminal Case 9 of 2018) [2023] KEHC 25044 (KLR) (9 November 2023) (Sentence)
Neutral citation: [2023] KEHC 25044 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 9 of 2018
RB Ngetich, J
November 9, 2023
Between
Republic
Prosecution
and
Francis Njuguna Wangare
Accused
Sentence
1. The Accused Francis Njuguna Wangare was charged with the offence of murder. Particulars are that on 12th day of February, 2018 at Kimangu Catholic Church in Rongai Sub-County, within Nakuru County, murdered Francis Imili Mzee.
2. By judgment delivered on the 26th day of May 2022, the court found accused guilty and convicted him accordingly. On the 30th June,2022, the prosecution informed the court that the accused had no previous convictions. The court called for presentence report.
Mitigation 3. The defence counsel Mr. Murunga Counsel mitigated on behalf of the accused. He submitted that the accused is a family man with one child aged 3 years and when the incident occurred, the accused/convict was totally intoxicated; and further that the accused has mental illness. He prayed for a non-custodial sentence so that he can get help from his loved ones and the doctor.
4. Counsel submitted that the accused has been in remand for four years. He is remorseful and the time he has been in custody is sufficient as he has learnt his lesson; he urged court to consider their mitigation.
5. In response, the state counsel Mr. Kihara urged the court to consider calling for a second mental assessment before sentence following information that accused had mental issue. He submitted that if released to the society, the accused may cause much greater harm. The request by the prosecution was seconded by defence counsel.
6. The court ordered that the accused be escorted to Nakuru PGH for second mental assessment and the second mental assessment report was availed to the court on the 25th July, 2022. From the report, the accused is not fit and should be admitted at the Mathare for treatment or he be treated as an out-patient. The court further directed that the family of accused accompany him to the Psychiatrist so as to give history of accused to assist the doctor in making opinion as to whether he should be committed to mental institution or treated while with his relatives.
7. When the matter came up on the 18th January, 2023, before Hon. K. Kyallo (DR) the accused informed the court that he could not remember the telephone numbers of his family members. The court then directed the prison officers in charge to assist the accused person reach a family member who would accompany him to see a doctor.
8. When the matter came up before this court on the 24th May, 2023, the accused’s relatives had not been reached. The court gave a final mention to be on 29th June, 2023 and in the event the family members are not reached, the accused be taken for review and report be filed before the final directions are given. On the 4th October,2023, the court fixed the matter for ruling on the 19th October,2023 after efforts to trace the accused family became futile.
9. I note from record that accused’s mental status was raised on the first day of plea and subsequently during the hearing. The first mental assessment showed that the accused suffers from drug induced psychosis hence not fit to take plea. On the 9th October, 2019, the doctor’s report was filed which indicated that the accused is mentally stable to stand trial which report culminated into the accused’s trial. The matter proceeded for hearing and accused was found guilty and convicted him accordingly.
10. In view of the fact the accused’s family were not available to assist the doctor in arriving at conclusive assessment of the accused’s mental state and appropriate intervention, I am of the view that it would be appropriate to commit the accused to a mental institution for treatment and periodic reports be made every 6 months to assist the court in making further orders/directions.
11. Final Orders: -1. Accused is hereby committed to Mathare National Teaching and Referral Hospital for treatment.2. Report by psychiatrist be filed in court after 6 months to enable court make further directions.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KABARNET THIS 9TH DAY OF NOVEMBER 2023. ……………………RACHEL NGETICHJUDGEIn the presence of:Momanyi/Elvis – Court Assistants.Mr. Murunga for accused.Ms Ratemo holding brief for Kihara for State.