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Kenya decisions
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Republic v Ngotho [2025] KEMC 131 (KLR)
The court found the accused unfit to plead after a psychiatric report showed mental illness, postponed the trial, and ordered treatment and a pre-bail report.
AOA v Republic [2025] KEHC 4655 (KLR)
The trial court's order committing the applicant to a mental institution for a fixed period of six years after he had been certified as having recovered from his mental infirmity was illegal and improper. Based on the applicant's recovery, as certified by a psychiatrist, and in line with current legal principles and sentencing guidelines for individuals found guilty but insane, the appropriate action is unconditional discharge.
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Mwangi v Director of Public Prosecutions [2024] KEHC 12381 (KLR)
The High Court at Nyeri released the applicant to his family after a mental assessment confirmed normal mental status, and ordered a five-year probation and reintegration program.
MNK v AOK & (A minor, suing through RTMK) RTNMK [2022] KEHC 1484 (KLR)
The High Court found that the Children’s Court, under Section 76 of the Children Act, has jurisdiction to consider all circumstances relevant to the welfare of the child, including the mental health of the parents. The Mental Health Act’s reference to 'court' as the High Court applies to matters concerning the custody and estate of persons suffering from mental disorder, not to child custody disputes. The issues raised by the Petitioners regarding the Respondent’s mental fitness are already before the Children’s Court, which is competent to call for expert evidence and make determinations in…
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PM v Republic [2021] KEHC 7700 (KLR)
High Court dismissed a criminal appeal application for mental assessment, admission of additional evidence, and bail pending appeal, finding no supporting evidence or exceptional circumstances.
Republic v Onesmus Nthale Mutua [2020] KEHC 742 (KLR)
After a finding of guilty but insane in a murder case, the High Court placed the accused on three years’ probation under probation officer supervision.
Republic v Onesmus Nthale Mutua [2020] KEHC 1583 (KLR)
The High Court at Makueni deferred sentencing and ordered a mental re-assessment of the accused before sentence is passed, with a report due within 21 days.
Republic v WOO [2020] KEHC 3649 (KLR)
The High Court at Bomet found the accused unfit to stand trial for murder, postponed the trial, denied bond, and set the matter for further directions.
Republic v KN [2019] KEHC 2456 (KLR)
The High Court sentenced the accused to two years’ probation for manslaughter, after over eight years in custody, treatment compliance, and reintegration support.
JKK v Republic [2019] KEHC 7047 (KLR)
High Court allowed a criminal appeal in part, upheld the conviction, but set aside life imprisonment and entered a special finding of guilty but insane.
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