Mwangi v Director of Public Prosecutions [2024] KEHC 12381 (KLR)

Mwangi v Director of Public Prosecutions (Miscellaneous Criminal Application E020 of 2022) [2024] KEHC 12381 (KLR) (9 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12381 (KLR)

Republic of Kenya

In the High Court at Nyeri

Miscellaneous Criminal Application E020 of 2022

DKN Magare, J

October 9, 2024

Between

Caesar Thiari Mwangi

Applicant

and

Director of Public Prosecutions

Respondent

Ruling

1. By the Ruling of this Court dated 10/7/2024, the Court directed among others that upon recovery, and on the date of release by this court, the Applicant shall be in a 5 year probation and re-integration program.

2. The Court also set the case for mention for further directions on 23/9/2024.

3. Subsequently on 23/9/2024, a mental assessment report dated 15/8/2024 and issued by Dr. M. Ricu Mwenda, Consultant Psychiatrist at Provincial General Hospital- Nyeri was filed in court on 18/9/2024 indicating that the Applicant was normal with normal mental status.

4. The Applicant seeks to be released to his family. I have no reason to decline the Applicant’s request, in view of the earlier Ruling.

5. In the upshot I make the following orders:a.This Applicant, Caesar Thiari Mwangi is hereby set at liberty pursuant to the Ruling of this Court dated 10/7/2024. b.The Applicant is hereby admitted to a 5 year probation and re-integration program with a view to fully incorporating him into his family and the society.c.There shall be no orders as to costs.

DELIVERED, DATED AND SIGNED AT NYERI ON THIS 9TH DAY OF OCTOBER, 2024. Ruling delivered through Microsoft Teams Online Platform.KIZITO MAGAREJUDGEIn the presence of:-Applicant in personMwakio for the RespondentCourt Assistant – Jedidah