Ken Ndali v Republic [2008] KEHC 3937 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

(CORAM:  OJWANG & WARSAME, JJ.)

CRIMINAL APPEAL  NO. 177 OF 2007

KEN NDALI………….......................……. APPELLANT

-VERSUS-

REPUBLIC……….......................……...RESPONDENT

COURT ORDER

It is noted that the matter had first come up as a Revision matter, and a ruling was delivered on 10. 5.07 in Criminal Revision No. 373 of 2007.

The Orders on that file were that the appellant be held in custody and taken for psychiatric attention; leading to certification of fitness; then fresh plea-taking before a different Magistrate.

It has been found that those orders were not served, and not acted upon.

We now order as follows:

The relevant files be placed before the Deputy Registrar for necessary action.

The said orders be served upon the Prison authorities.

Officer-in-charge of Kamiti Main Prison shall have the subject brought before a psychiatrist for assessment, for treatment, and for a report to be made, for the use of this Court.

This matter be listed for mention on 22. 9.08.

DATED and DELIVERED at Nairobi this 24th day of July, 2008.

J.B. OJWANG                              M.  WARSAME

JUDGE                                            JUDGE

Coram:      Ojwang, J.

Warsame, J.

Court Clerks:   Huka & Erick

Applicant in person

For the State:    Mr. Makura