Republic v Raymond Abisolom Ogolla Adino [2021] KEHC 7747 (KLR) | Mental Capacity | Esheria

Republic v Raymond Abisolom Ogolla Adino [2021] KEHC 7747 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL CASE NO. 43 OF 2015

CORAM: R.E. ABURILI, J

STATE...............................................................................PROSECUTION

VERSUS

RAYMOND ABISOLOM OGOLLA ADINO.........................ACCUSED

RULING

1. The accused person herein Raymond Abisolom Ogolla Adino is charged with the offence of murder but he has never taken plea on account of mental incapacity. No sooner had he been arraigned than he was send to Mathari Hospital for psychiatric treatment to date. This court has been receiving reports on progress of his treatment.

2. I have read the Mental Assessment Progress Report on the accused person Raymond Abisolom Ogolla Adino from Dr. Catherine Syengo Mutisya of Mathari National Teaching and Referral Hospital. The report is dated 15/3/2021.

3. The accused is said to have improved and understands the nature of the charge facing him and possible sentence.  His mental state is stable.

4. In the premises, I direct that the accused Raymond Abisolom Ogolla Adino be released from Mathari National Teaching & Referral Hospital and be returned to Siaya G.K. Prisons for production before this court for Mention of his case on 27/4/2021 for further directions on the hearing of his case.

5. The Hospital, ODPP and Siaya G.K. Prisons to be served with this Ruling/Order.

6. Orders accordingly.

Dated, signed and delivered at Siaya this 19th day of April 2021

R.E. ABURILI

JUDGE