Republic v Wangare [2023] KEHC 25044 (KLR)

Republic v Wangare (Criminal Case 9 of 2018) [2023] KEHC 25044 (KLR) (9 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25044 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 9 of 2018

RB Ngetich, J

November 9, 2023

Between

Republic

Prosecution

and

Francis Njuguna Wangare

Accused

Sentence

1. The Accused Francis Njuguna Wangare was charged with the offence of murder. Particulars are that on 12th day of February, 2018 at Kimangu Catholic Church in Rongai Sub-County, within Nakuru County, murdered Francis Imili Mzee.

2. By judgment delivered on the 26th day of May 2022, the court found accused guilty and convicted him accordingly. On the 30th June,2022, the prosecution informed the court that the accused had no previous convictions. The court called for presentence report.

Mitigation 3. The defence counsel Mr. Murunga Counsel mitigated on behalf of the accused. He submitted that the accused is a family man with one child aged 3 years and when the incident occurred, the accused/convict was totally intoxicated; and further that the accused has mental illness. He prayed for a non-custodial sentence so that he can get help from his loved ones and the doctor.

4. Counsel submitted that the accused has been in remand for four years. He is remorseful and the time he has been in custody is sufficient as he has learnt his lesson; he urged court to consider their mitigation.

5. In response, the state counsel Mr. Kihara urged the court to consider calling for a second mental assessment before sentence following information that accused had mental issue. He submitted that if released to the society, the accused may cause much greater harm. The request by the prosecution was seconded by defence counsel.

6. The court ordered that the accused be escorted to Nakuru PGH for second mental assessment and the second mental assessment report was availed to the court on the 25th July, 2022. From the report, the accused is not fit and should be admitted at the Mathare for treatment or he be treated as an out-patient. The court further directed that the family of accused accompany him to the Psychiatrist so as to give history of accused to assist the doctor in making opinion as to whether he should be committed to mental institution or treated while with his relatives.

7. When the matter came up on the 18th January, 2023, before Hon. K. Kyallo (DR) the accused informed the court that he could not remember the telephone numbers of his family members. The court then directed the prison officers in charge to assist the accused person reach a family member who would accompany him to see a doctor.

8. When the matter came up before this court on the 24th May, 2023, the accused’s relatives had not been reached. The court gave a final mention to be on 29th June, 2023 and in the event the family members are not reached, the accused be taken for review and report be filed before the final directions are given. On the 4th October,2023, the court fixed the matter for ruling on the 19th October,2023 after efforts to trace the accused family became futile.

9. I note from record that accused’s mental status was raised on the first day of plea and subsequently during the hearing. The first mental assessment showed that the accused suffers from drug induced psychosis hence not fit to take plea. On the 9th October, 2019, the doctor’s report was filed which indicated that the accused is mentally stable to stand trial which report culminated into the accused’s trial. The matter proceeded for hearing and accused was found guilty and convicted him accordingly.

10. In view of the fact the accused’s family were not available to assist the doctor in arriving at conclusive assessment of the accused’s mental state and appropriate intervention, I am of the view that it would be appropriate to commit the accused to a mental institution for treatment and periodic reports be made every 6 months to assist the court in making further orders/directions.

11. Final Orders: -1. Accused is hereby committed to Mathare National Teaching and Referral Hospital for treatment.2. Report by psychiatrist be filed in court after 6 months to enable court make further directions.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KABARNET THIS 9TH DAY OF NOVEMBER 2023. ……………………RACHEL NGETICHJUDGEIn the presence of:Momanyi/Elvis – Court Assistants.Mr. Murunga for accused.Ms Ratemo holding brief for Kihara for State.