Republic v Ismail [2025] KEHC 9630 (KLR) | Insanity Defence | Esheria

Republic v Ismail [2025] KEHC 9630 (KLR)

Full Case Text

Republic v Ismail (Criminal Case E003 of 2023) [2025] KEHC 9630 (KLR) (2 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9630 (KLR)

Republic of Kenya

In the High Court at Garissa

Criminal Case E003 of 2023

JN Onyiego, J

July 2, 2025

Between

Republic

Prosecutor

and

Abubakar Abdullahi Ismail

Accused

Ruling

1. The accused person herein was found guilty but insane. He was then referred to Garissa Referral Hospital psychiatric department for mental examination to determine his current mental status and whether he was fit to join society. By a medical report of 15. 5.2025, the doctor observed that the accused is still pre-occupied with paranoid delutions.

2. A probation report dated 2. 7.25 stated that his close relatives do not want him back home due to fear. The community does not want him as well.

3. From the above reports, it is apparent that the accused person is not fit to join society as of now. Accordingly, it is hereby ordered that the accused person be escorted to Mathari mental hospital for treatment until certified fit to join society.

DATED, SIGNED AND DELIVERED THIS 2ND DAY OF JULY 2025………………………J. N. ONYIEGOJUDGE