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Kenya decisions
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Macharia v Republic [2025] KEHC 3727 (KLR)
The conviction and sentence are quashed because the appellant may have been of unsound mind at the time of the offence, and criminal law is not intended to punish individuals who commit offences while not in control of their minds due to mental illness.
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Republic v AAI [2025] KEHC 3059 (KLR)
The court found the accused person guilty of murder but entered a special verdict of guilty but insane due to evidence of his mental illness at the time of the offense.
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Republic v Kagua & another [2025] KEHC 3012 (KLR)
The court determined that an individual found guilty of a capital offense but legally insane should be committed to a mental health institution for treatment and periodic review, rather than being subjected to a conventional prison sentence.
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Republic v Natiom [2024] KEHC 14232 (KLR)
The High Court found the accused guilty of murder but insane at the time of the offence, and ordered detention at Mathare Mental Hospital for treatment.
Akide v Republic [2024] KECA 1176 (KLR)
The Court of Appeal set aside a murder conviction entered as guilty but insane, holding the appellant was not criminally responsible due to insanity and should have been found not guilty by reason of insanity.
Director of Public Prosecution v MK [2024] KEHC 7037 (KLR)
The court found that while the prosecution proved beyond reasonable doubt that the accused, MK, stabbed and caused the death of her brother, the presumption of sanity was rebutted by medical evidence and the accused's conduct throughout the trial. The defence of insanity, though not expressly raised, was evident from the proceedings and observations. The court determined that MK was not criminally responsible for her actions at the time of the offence due to insanity, and therefore entered a verdict of not guilty by reason of insanity. The court ordered that MK be detained in a mental hospita…
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Republic v Okwara [2024] KEHC 1360 (KLR)
The High Court held that the prosecution had established a prima facie case of murder, but noted evidence of the accused’s mental illness and put him on his defence.
Republic v NK [2024] KEHC 1200 (KLR)
The High Court in Garissa entered a special finding of guilty but insane in a murder case, holding that the accused killed the deceased but was mentally unfit at the time.
SKK v Republic [2023] KECA 1088 (KLR)
The Court of Appeal held that a special finding under section 166 of the Criminal Procedure Code is not a sentence in the punitive sense but a statutory mechanism recognizing that the accused committed the act while insane and is not criminally liable. The court found that the trial judge was correct in making a special finding of 'guilty but insane' and that the appellant's indefinite detention at the President's pleasure does not constitute an unconstitutional sentence, as the statutory framework treats such persons as patients requiring treatment, not punishment. However, the court acknowl…
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WC v Republic [2023] KECA 597 (KLR)
The Court of Appeal upheld a murder conviction with a special finding of guilty but insane, holding that schizophrenia negated malice aforethought.
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