Republic v PMK [2023] KEHC 23511 (KLR)

Republic v PMK (Criminal Case E021 of 2021) [2023] KEHC 23511 (KLR) (11 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23511 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case E021 of 2021

TM Matheka, J

October 11, 2023

Between

Republic

Prosecution

and

PMK

Accused

Ruling

1. PMK is charged with Murder c/s 203 as read with 204 of the Penal Code. It is alleged that on the August 5, 2021 at [particulars withheld] area, Makueni Sub County within Makueni County he murdered Titus Kyuvi Kithuku.

2. He denied the offence on November 1, 2021.

3. A Pre-bail Report filed on the November 30, 2021 indicated that the deceased was the accused’s person’s paternal uncle and there were no known existing grudges. However, the family was fearful that the accused who had threatened to kill five other persons in the family would carry out the threat if released. The reported that he was a brutal person always fighting people. The probation officer described him as a person who is ‘temperamental, arrogant, [with] superpowers and brutal behaviours’.

4. The matter is before me for review of bond terms.

5. The report filed on September 13, 2023, indicates that the family was aware that he had suffered some psychological issues. They are willing to stand surety for him despite the attitude of the local administration that he is a community nuisance and a threat. This is where the local administration needs to be made aware of mental health issues so that they can raise awareness in their own communities. If these are diagnosed early then treatment could be given and such tragedies of loss of life and broken family relations could be prevented. It is important for people to know that prison is not a mental hospital and even persons who commit offences do not lose their right to health. See Hassan Hussein Yusuf v Republic [2016] eKLRHowever, the appellant shall be escorted to a medical facility with the capacity to reevaluate his mental condition. If in the opinion of a psychiatrist, he will not pause (sic) any danger to the public and himself he shall be set at liberty and prison authorities shall ensure that he is facilitated to his home. If the opinion is otherwise, he shall be admitted for treatment until such a time it will be safe to release him.

6. Evidently the accused has some mental health issues. The actual diagnosis is not known. The family is aware. The description by the probation officer could be attributed to the psychological issues that the accused has and which can be addressed through treatment if properly diagnosed. Hence there are no compelling reason to deny the accused person bond.

7. The accused may be released on bond of Ksh 150 000 with a surety of similar amount or two sureties of Ksh 75000 each. In the meantime, he may need counselling services which the Prison authorities ought to endeavour to obtain for him.

DATED SIGNED AND DELIVERED VIRTUALLY THIS 11TH OCTOBER 2023MUMBUA T MATHEKAJUDGECA MWIWAAccused presentFor State Kazungu