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J B M v Republic [2017] KEHC 6297 (KLR)
The High Court set aside a conviction and life sentence after finding the appellant, who had an intellectual disability and psychotic symptoms, was unfit to plead.
L M K Republic [2017] KEHC 5776 (KLR)
The appellate court found that the trial magistrate properly evaluated the evidence and followed the statutory procedure for cases involving insanity. The appellant did not dispute committing the act but raised the defence of insanity, which was supported by medical evidence and the trial court's findings. The trial court made a special finding of guilty but insane, reported the case for the order of the President, and detained the appellant as required by law. The appellate court held that the trial court's decision was in accordance with the law and could not be faulted. Consequently, the a…
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