REPUBLIC v DEIZE CHELANGAT KIRUI [2008] KEHC 975 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

Criminal Case 82 of 2008

REPUBLIC………….………………..PROSECUTOR

VERSUS

DEIZE CHELANGAT KIRUI…….....……..ACCUSED

RULING

The Provincial Psychiatrist’s report dated 11th September 2008 following the prosecution request to examine the accused as to whether or not the she is mentally fit to stand trial for the offence of murder, is inconclusive.  The Psychiatrist says that the Accused’s intelligence is quite low but she is not dump or deaf and can understand and follow simple instructions.  He would like to interview a close relative who would provide more information about her before he can make an appropriate psychiatric diagnosis on her.  In the circumstances I cannot accede to the state counsel’s plea that the court proceeds with the hearing under Section 167(b) of the Criminal Procedure Code or that of the defence counsel that the accused should be held at the pleasure of the President under Section 162 of the Criminal Procedure Code.  Instead I direct the police to contact a close relative of the Accused to go to the Provincial Psychiatrist for interview as he requires.  Mention on 31st October 2008.

DATED and delivered at Nakuru this 26th day of September 2008.

D. K. MARAGA

JUDGE