The Applicant Jesca Akinyi Oyugi was committed to Migori GK Prison on 22nd Day of February 2017 pending further orders of the President of the Republic of Kenya for reasons she caused the death of her son John Odwar Oyugi while she was insane.
The Applicant has now come to this court seeking that the order detaining her be revised for reasons her mitigation was not considered and that the court should find that she has suffered psychological torture during her incarceration and order that the sentence be revised to period already served. Attached to her application are medical Reports dated 18th October 2024, in which Prof. O, E. Omollo Consultant Psychiatrist upon examination concluded that the Applicant was in the chronic stage of schizophrenia and had the stigmata of the illness which may never fully resolve.He recommended regular psychiatric care under the support of her family as she is unlikely to get the care in prison.
In the Report dated 21st May 2024 DR. L. N. Nyamute of Jaramogi Oginga Odinga TRH noted that the Applicant had not been on medication for the past 6 to 7 years and they were not able to assess the parameters that were deranged at the time she was diagnosed with depressive illness.
There is also a Report dated 13th February 2024 by DR. Mbandi Florence shows the Applicant appeared confused on matters surrounding the incident onthe day of examination and she was sad with partial insight.
From the last medical Report in respect to the Applicant's mental status it would appear that she is not on medication to improve her mental status and the issue of her mitigation not have been taken into consideration during her sentencing does not arise because she was not sentenced to serve a jail term due to her mental incapacity. She was committed under Section 166(1) of the Criminal Procedure Code. The Petition is therefore dismissed for want of jurisdiction.
The Applicant has now come to this court seeking that the order detaining her be revised for reasons her mitigation was not considered and that the court should find that she has suffered psychological torture during her incarceration and order that the sentence be revised to period already served. Attached to her application are medical Reports dated 18th October 2024, in which Prof. O, E. Omollo Consultant Psychiatrist upon examination concluded that the Applicant was in the chronic stage of schizophrenia and had the stigmata of the illness which may never fully resolve.He recommended regular psychiatric care under the support of her family as she is unlikely to get the care in prison.
In the Report dated 21st May 2024 DR. L. N. Nyamute of Jaramogi Oginga Odinga TRH noted that the Applicant had not been on medication for the past 6 to 7 years and they were not able to assess the parameters that were deranged at the time she was diagnosed with depressive illness.
There is also a Report dated 13th February 2024 by DR. Mbandi Florence shows the Applicant appeared confused on matters surrounding the incident onthe day of examination and she was sad with partial insight.
From the last medical Report in respect to the Applicant's mental status it would appear that she is not on medication to improve her mental status and the issue of her mitigation not have been taken into consideration during her sentencing does not arise because she was not sentenced to serve a jail term due to her mental incapacity. She was committed under Section 166(1) of the Criminal Procedure Code. The Petition is therefore dismissed for want of jurisdiction.