Okisai v Republic [2024] KEHC 1298 (KLR)

Okisai v Republic (Criminal Petition E004 of 2023) [2024] KEHC 1298 (KLR) (16 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1298 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Petition E004 of 2023

WM Musyoka, J

February 16, 2024

Between

Philip Okurutu Okisai

Petitioner

and

Republic

Respondent

Ruling

1. I note from the judgement of 18th February 2019, in Busia HCCRC No. 15 of 2014, that the petitioner was found guilty but insane, and was to be detained at the pleasure of the President. He would like a review of that sentence.

2. The starting point should be the decision in Kimaru & 17 others v Attorney-General [2022] KEHC 114 (KLR)(Mrima, J), where the sentencing of a person found guilty but insane, to detention at the pleasure of the President, was declared unconstitutional. There were directions that the persons affected by that order, like the petitioner herein, should have been produced before the courts which had made the orders, for review of their sentences in line with that decision. I am surprised that that never happened in this case.

3. Anyhow, the sentence imposed was on the basis that the accused person was insane or of unsound mind at the time of the commission of the offence, and the detention at the pleasure of the President was designed afford opportunity for him to be held in a facility where his mental issues could be addressed. Therefore, before any orders can be made on his sentence, it will be crucial that his current mental health status be established.

4. Consequently, I direct the prison authorities, where the petitioner is being held, to forthwith present the petitioner to a government psychiatrist, for evaluation of his current mental health. The said psychiatrist shall prepare a medico-legal report, which shall thereafter be presented in court. A certified copy of this ruling, or an order duly extracted here from, shall be furnished to the said psychiatrist. The matter shall be mentioned after 30 days, for compliance, and for further directions or orders. Orders accordingly.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 16TH DAY OF FEBRUARY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Philip Okurutu Okisai, the petitioner in person.AdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.