1. This ruling is in respect of the Applicant’s application filed on 26 th July 2024 where she seeks that she be released and re-integrated back to the community. Even though the court gave a brief background on this matter in its directions and ruling of 14 th January 2026, I will rehash the same for context and ease of reference.
2. The Applicant was charged in 2011 with the offence of murder contrary to section 203 as read with section 204 of the Penal Code(Chapter 63 of the Laws of Kenya). The particulars of the offence are not detailed in the record before the court, but the circumstances are described in the Probation Officer's Report dated 29 th July 2026. On the material day, the Applicant accompanied her mother to a farm near their home to transport manure. After working briefly, she stopped and went to sleep under a tree. Her mother later returned to the homestead and found the Applicant holding a large piece of firewood, repeatedly striking an object outside the kitchen. Upon rushing to the scene, the mother found her husband, that is, the Applicant's father, lying on the ground with serious injuries. It is reported that the deceased habitually sat outside the kitchen and would occasionally fall asleep while seated due to his diabetic condition.
3. The family attributed the offence to the Applicant's longstanding mental illness, characterized by hallucinations, impaired judgment and episodes of aggression. That she had been diagnosed with bipolar disorder and later chronic schizophrenia, with symptoms dating back to her secondary school years. The Applicant was tried by this court in Criminal Case No. 63 of 2011 where on 28 th January 2019, the trial court found her guilty of murder but insane at the time of the commission of the offence. Pursuant to section 166 of the Criminal Procedure Code(Chapter 75 of the Laws of Kenya) ( CPC ) , she was convicted and sentenced to be detained at the President's Pleasure, an indefinite detention order. The warrant dated 28 th January 2019 directed that she be held at Kitui G.K. Prison Special Wing pending the President's order. She was subsequently transferred to Lang'ata Women Prison, where she has been incarcerated since.
4. In 2024, the Applicant filed this matter seeking a declaration that her continued detention at the President's Pleasure is unconstitutional, a revision of her sentence to a determinate term, preferably equivalent to time already served and her release and reintegration into society. Her application relies heavily on the landmark decision in Isaac Ndegwa Kimaru & 17 others v Attorney General & another; Kenya National Human Rights and Equality Commission (Interested Party) [2022] KEHC 114 (KLR) delivered by Hon. Justice A.C. Mrima on 1 st February 2022. In that case, this court declared sections 162(4) and (5), 166(2)–(7), and 167(1)(a),(b),(2),(3),(4) of the CPC unconstitutional to the extent that they violate the doctrine of separation of powers by vesting judicial sentencing functions in the Executive; contravene Articles 25(a), 27(1),(2),(4), 28, 29(d) and (f), 50, 51(1) and (2), 159(2)(a),(b),(d), and 160(1) of the Constitution and that they constitute cruel, inhuman and degrading treatment.
5. Th Court directed that persons detained at the President's Pleasure should be arraigned before the courts that committed them, courts should take charge and make appropriate orders based on the individual's mental status and time served, that no court shall henceforth commit persons with mental challenges to prison under the President's Pleasure and no prison facility shall accept such persons under the President's Pleasure.
6. In her brief submissions dated 10 th December 2024, the Applicant submits that this Court has unlimited original jurisdiction under Article 165(3) of the Constitution to hear and determine the matter as this court is the one that committed and is therefore the proper forum per the orders in Isaac Ndegwa Kimaru(supra). The Applicant also relies on the decisions in AOO & 6 others v Attorney General & another [2017] KEHC 6022 (KLR) , Republic v SOM [2018] KEHC 6922 (KLR) , and Yusuf v Republic [2016] KEHC 2860 (KLR) , all of which held that indefinite detention at the President's Pleasure is unconstitutional.
7. The Applicant asserts that she has recovered, is mentally stable, remorseful and has undergone significant rehabilitation. She stated she is now "drugs free and fully independent." She has been in custody since 2011 which is approximately 15 years as of 2026 and she claims to have reconciled with her family and that they have forgiven her. She thus seeks a finding that the time served is sufficient punishment and that alternatively, a non-custodial sentence be meted considering her age.
8. As stated, this court (Rutto J.,) on 14 th January 2026 issued directions that the Applicant was to provide a copy of the trial court judgment and sentence, that she was to be presented for a comprehensive mental health assessment at Kenyatta National Hospital (KNH) and that a Probation Officer was to file a social inquiry report within 21 days regarding family and community readiness for reintegration. The court, in its extempore ruling of 16 th June 2016 noted that the medical report dated 25 th February 2026 indicated the Applicant had chronic schizophrenia, now in remission, but that it is a lifelong condition. As stated as well, the Probation Report was also duly filed as the court needed to consider her welfare and confirm family support for continued treatment.
9. From the medical report, Dr. Rajab S., Consultant Psychiatrist, examined the Applicant and reported that the Applicant was well kept, in prison uniform, rapport was easily established, speech was normal, her thought process was mostly logical but with periods of abnormality, she expressed strong desire to be released to get married, have children and train as a teacher and that she was oriented in time, place and person. Her mood was euthymic and her affect congruent, she exhibited unusual behaviour of laughing without appropriate stimuli, there was no visual or auditory hallucinations and she had good insight into arrest but poor insight into mental illness.
10. The Applicant was diagnosed with chronic schizophrenia in remission and that she was to continue with medication as treatment is life-long. The doctor’s opinion was that at the time of assessment, the Applicant was of good mental health and therefore fit to continue with the legal process.
11. The Probation Report details that she was born to the late Titus Mutinda and Jedida Musangi, a peasant farmer. He siblings include Danson Mulei, a salesperson in Nairobi, James Mutuku, Kathini Makau who is married locally and Charles Mawia who married in Eldoret and it is reported that no other family member has criminal traits. On her personal history, she was born in 1968 in Kitui Central, she attended Uyumbikie Primary School, sat KCPE in 1982, joined Nzeluni Girls Secondary School, transferred to Mutomo Girls High School and completed secondary education in 1987 with Division IV in KCSE. She enrolled in tailoring course and engaged in farming until her arrest and she is single with no dependants.
12. The Report states that the Applicant began exhibiting symptoms of mental illness while in Form Four where teachers notified parents and she sought treatment at Kitui General Hospital. She was enrolled in the hospital's psychiatric clinic post-secondary school, she developed episodes of aggressive and violent behaviour, particularly towards close family members she assaulted her mother and one brother and also assaulted a fellow trainee during her tailoring course. She experienced hallucinations, she was diagnosed with bipolar disorder, she claimed to see people or hear voices and alleged unfamiliar men had entered the homestead. Her family lived in fear due to unpredictable behaviour and physical aggression. She previously worshipped at Kyalika Restoration Worship Ministry and it is the church that facilitated her dressmaking training but she did not complete Grade Test certification.
13. It was noted that during incarceration, she has not acquired vocational skills and continues to experience mental illness needing ongoing psychiatric care and she has no history of substance abuse. It is reported that the Applicant is unable to give a coherent account due to her mental condition and owing to the same, the Applicant unable to meaningfully discuss offence or express clear attitude as she could neither recount events nor demonstrate understanding.
14. The Applicant’s family indicated she generally related well with community and she was not known for frequent disputes. That during episodes of mental illness, she became aggressive, unpredictable, occasionally violent towards close family members who attributed this to psychiatric condition and not deliberate misconduct. As stated, the primary victim was Applicant's late father and surviving family members including the mother and siblings expressed forgiveness and they believe the offence was committed during severe mental illness impairing judgment. The Applicant’s mother and sister-in-law are willing to receive her back upon release and they undertook to provide necessary care and support, ensure adherence to prescribed psychiatric treatment and attend follow-up appointments.
15. The community members are also willing to receive her back and they pledged support for resettlement and reintegration. They do not perceive her as a threat, provided she continues appropriate psychiatric treatment and remains medication-compliant. Other family members undertook to provide financial, emotional and psychological support. It was noted that the greatest risk is non-adherence to prescribed psychiatric medication which could result in relapse but the mother and sister-in-law committed to ensuring consistent medication, attending medical reviews, monitoring mental health and promptly seeking medical attention and notifying area Assistant Chief and Chief if relapse signs observed. From the foregoing, the Probation Officer recommended that the Applicant be released back to her family and community.
16. I have gone through the application, the Applicant’s submissions and the stated medical and probation reports together with the holding in Isaac Ndegwa Kimaru(supra). I am in agreement with the dicta therein that persons with mental challenges who are facing criminal trials or have been found "guilty but insane" are persons with disabilities under Article 54 of the Constitution and the Persons with Disabilities Act and they are entitled to protection and assistance. Indefinite detention at the President's Pleasure is cruel, inhuman and degrading because it is indeterminate, it subjects a sick person to prison rather than hospital and it denies the individual a determinate sentence and hope of release.
17. The Power of Mercy under Article 133 of the Constitution is distinct from the President's Pleasure detention as the former applies post-sentence whereas the latter applies pre-sentence or post-conviction but before sentence. The Advisory Committee on the Power of Mercy has no jurisdiction over persons with mental challenges until they are sentenced by a court. The Applicant was found "guilty but insane" under section 166 of the CPC in 2019, she was sentenced to an indeterminate detention at the President's Pleasure, she clearly suffers from chronic schizophrenia, a mental disability under Article 54 , she has served approximately 15 years in custody, the Medical Report confirms she is in remission and fit to continue with the legal process, though treatment is life-long, the Probation report confirms strong family and community willingness to receive her back, with commitments to ensure medication adherence and monitoring, she is a first offender and she has undergone rehabilitation programmes, is remorseful and wishes to reintegrate.
18. Given the aforementioned circumstances, the medical evidence, the probation report and the principles of justice, I find that the most appropriate order appears to be release with conditions to ensure continued treatment and monitoring. I will now issue the following dispositive orders:
1) A declaration be and is hereby made that the Applicant's continued detention at the President's Pleasure pursuant to Section 166 of the Criminal Procedure Code is unconstitutional, null and void to the extent that it violates Articles 25(a), 27 (1),(2),(4), 28, 29 (d) and (f), 50, 51(1) and (2),159 (2)(a),(b),(d), and 160(1) of the Constitution
2) The Applicant, JOYCE KAMENE TITUS, be and is hereby released forthwith from Lang'ata Women Prison unless otherwise lawfully held, subject to the conditions set out in Order 3) below.
3) The Applicant is placed on probation for a period of three (3) years from the date of her release, subject to the following conditions:
a) The Applicant shall reside with her mother, Jedida Musangi and/or her sister-in-law at their home in Mweeni Village, Kyanika Sub-Location, Nzambani Location, Nzambani Sub-County, Kitui County, or such other place as may be approved in writing by the Probation Officer.
b) The Applicant shall continue psychiatric treatment at Kitui General Hospital (or such other mental health facility as may be recommended by her treating psychiatrist) as an outpatient
c) The Applicant shall take all prescribed psychiatric medication consistently and as directed by her treating psychiatrist; she shall attend all scheduled medical reviews and follow-up appointments and not discontinue or alter her medication without the express advice of her treating psychiatrist.
d) The Applicant shall report to the Probation Officer, Machakos/Kitui County Probation Office, in person, monthly for the first six (6) months, and thereafter quarterly for the remainder of the probation period, or as otherwise directed by the Probation Officer.
e) The Applicant shall, through her family, notify and report to the Area Assistant Chief and Area Chief of Nzambani Location upon her return to the community, and shall cooperate with any reasonable monitoring arrangements put in place by the local administration.
f) The Applicant's mother, Jedida Musangi, and sister-in-law, Kathini Makau, shall ensure the Applicant takes her medication as prescribed; accompany or arrange for her attendance at all medical reviews; closely monitor her mental health and behaviour; promptly seek medical attention and notify the Area Assistant Chief and Area Chief if they observe any signs of relapse, aggression, or behaviour that may pose a risk to herself or others.
g) The Applicant shall abstain from the use of any illicit drugs or substances.
h) The Applicant shall maintain good behaviour and shall not commit any criminal offence during the probation period.
4) The Probation Officer, Machakos/Kitui County, shall supervise the Applicant's compliance with these conditions and file a Progress Report with this Court every six (6) months from the date of release, or sooner if required and immediately report to this Court any breach of the conditions or any deterioration in the Applicant's mental health or circumstances that may require the Court's intervention.
5) In the event of any relapse or deterioration in the Applicant's mental health, the family shall immediately seek medical attention from the nearest health facility or Kitui General Hospital; The treating psychiatrist shall assess the Applicant and recommend appropriate intervention and if necessary, the Applicant may be admitted for in-patient treatment at a mental health facility and the Probation Officer and local authorities shall be notified immediately and this Court shall be informed of any such development for appropriate directions.
6) These orders are made without prejudice to the Court's power to review, vary, or discharge any of the conditions herein upon application by the Applicant, the Probation Officer, the Respondent, or any other interested party, or upon the Court's own motion.
7) The Respondent is at liberty to appeal against these orders within fourteen (14) days from the date hereof.
DATED SIGNED AND DELIVERED virtually this 14 th DAY OF SEPTEMBER
2026
............................................................................
J W W MONGARE
JUDGE
IN THE PRESENCE OF
1. Mr. Hamisi Mzari for the Applicant
2. Ms. Machuma for the Respondent
3. Abdisalan-Court Assistant
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2. The Applicant was charged in 2011 with the offence of murder contrary to section 203 as read with section 204 of the Penal Code(Chapter 63 of the Laws of Kenya). The particulars of the offence are not detailed in the record before the court, but the circumstances are described in the Probation Officer's Report dated 29 th July 2026. On the material day, the Applicant accompanied her mother to a farm near their home to transport manure. After working briefly, she stopped and went to sleep under a tree. Her mother later returned to the homestead and found the Applicant holding a large piece of firewood, repeatedly striking an object outside the kitchen. Upon rushing to the scene, the mother found her husband, that is, the Applicant's father, lying on the ground with serious injuries. It is reported that the deceased habitually sat outside the kitchen and would occasionally fall asleep while seated due to his diabetic condition.
3. The family attributed the offence to the Applicant's longstanding mental illness, characterized by hallucinations, impaired judgment and episodes of aggression. That she had been diagnosed with bipolar disorder and later chronic schizophrenia, with symptoms dating back to her secondary school years. The Applicant was tried by this court in Criminal Case No. 63 of 2011 where on 28 th January 2019, the trial court found her guilty of murder but insane at the time of the commission of the offence. Pursuant to section 166 of the Criminal Procedure Code(Chapter 75 of the Laws of Kenya) ( CPC ) , she was convicted and sentenced to be detained at the President's Pleasure, an indefinite detention order. The warrant dated 28 th January 2019 directed that she be held at Kitui G.K. Prison Special Wing pending the President's order. She was subsequently transferred to Lang'ata Women Prison, where she has been incarcerated since.
4. In 2024, the Applicant filed this matter seeking a declaration that her continued detention at the President's Pleasure is unconstitutional, a revision of her sentence to a determinate term, preferably equivalent to time already served and her release and reintegration into society. Her application relies heavily on the landmark decision in Isaac Ndegwa Kimaru & 17 others v Attorney General & another; Kenya National Human Rights and Equality Commission (Interested Party) [2022] KEHC 114 (KLR) delivered by Hon. Justice A.C. Mrima on 1 st February 2022. In that case, this court declared sections 162(4) and (5), 166(2)–(7), and 167(1)(a),(b),(2),(3),(4) of the CPC unconstitutional to the extent that they violate the doctrine of separation of powers by vesting judicial sentencing functions in the Executive; contravene Articles 25(a), 27(1),(2),(4), 28, 29(d) and (f), 50, 51(1) and (2), 159(2)(a),(b),(d), and 160(1) of the Constitution and that they constitute cruel, inhuman and degrading treatment.
5. Th Court directed that persons detained at the President's Pleasure should be arraigned before the courts that committed them, courts should take charge and make appropriate orders based on the individual's mental status and time served, that no court shall henceforth commit persons with mental challenges to prison under the President's Pleasure and no prison facility shall accept such persons under the President's Pleasure.
6. In her brief submissions dated 10 th December 2024, the Applicant submits that this Court has unlimited original jurisdiction under Article 165(3) of the Constitution to hear and determine the matter as this court is the one that committed and is therefore the proper forum per the orders in Isaac Ndegwa Kimaru(supra). The Applicant also relies on the decisions in AOO & 6 others v Attorney General & another [2017] KEHC 6022 (KLR) , Republic v SOM [2018] KEHC 6922 (KLR) , and Yusuf v Republic [2016] KEHC 2860 (KLR) , all of which held that indefinite detention at the President's Pleasure is unconstitutional.
7. The Applicant asserts that she has recovered, is mentally stable, remorseful and has undergone significant rehabilitation. She stated she is now "drugs free and fully independent." She has been in custody since 2011 which is approximately 15 years as of 2026 and she claims to have reconciled with her family and that they have forgiven her. She thus seeks a finding that the time served is sufficient punishment and that alternatively, a non-custodial sentence be meted considering her age.
8. As stated, this court (Rutto J.,) on 14 th January 2026 issued directions that the Applicant was to provide a copy of the trial court judgment and sentence, that she was to be presented for a comprehensive mental health assessment at Kenyatta National Hospital (KNH) and that a Probation Officer was to file a social inquiry report within 21 days regarding family and community readiness for reintegration. The court, in its extempore ruling of 16 th June 2016 noted that the medical report dated 25 th February 2026 indicated the Applicant had chronic schizophrenia, now in remission, but that it is a lifelong condition. As stated as well, the Probation Report was also duly filed as the court needed to consider her welfare and confirm family support for continued treatment.
9. From the medical report, Dr. Rajab S., Consultant Psychiatrist, examined the Applicant and reported that the Applicant was well kept, in prison uniform, rapport was easily established, speech was normal, her thought process was mostly logical but with periods of abnormality, she expressed strong desire to be released to get married, have children and train as a teacher and that she was oriented in time, place and person. Her mood was euthymic and her affect congruent, she exhibited unusual behaviour of laughing without appropriate stimuli, there was no visual or auditory hallucinations and she had good insight into arrest but poor insight into mental illness.
10. The Applicant was diagnosed with chronic schizophrenia in remission and that she was to continue with medication as treatment is life-long. The doctor’s opinion was that at the time of assessment, the Applicant was of good mental health and therefore fit to continue with the legal process.
11. The Probation Report details that she was born to the late Titus Mutinda and Jedida Musangi, a peasant farmer. He siblings include Danson Mulei, a salesperson in Nairobi, James Mutuku, Kathini Makau who is married locally and Charles Mawia who married in Eldoret and it is reported that no other family member has criminal traits. On her personal history, she was born in 1968 in Kitui Central, she attended Uyumbikie Primary School, sat KCPE in 1982, joined Nzeluni Girls Secondary School, transferred to Mutomo Girls High School and completed secondary education in 1987 with Division IV in KCSE. She enrolled in tailoring course and engaged in farming until her arrest and she is single with no dependants.
12. The Report states that the Applicant began exhibiting symptoms of mental illness while in Form Four where teachers notified parents and she sought treatment at Kitui General Hospital. She was enrolled in the hospital's psychiatric clinic post-secondary school, she developed episodes of aggressive and violent behaviour, particularly towards close family members she assaulted her mother and one brother and also assaulted a fellow trainee during her tailoring course. She experienced hallucinations, she was diagnosed with bipolar disorder, she claimed to see people or hear voices and alleged unfamiliar men had entered the homestead. Her family lived in fear due to unpredictable behaviour and physical aggression. She previously worshipped at Kyalika Restoration Worship Ministry and it is the church that facilitated her dressmaking training but she did not complete Grade Test certification.
13. It was noted that during incarceration, she has not acquired vocational skills and continues to experience mental illness needing ongoing psychiatric care and she has no history of substance abuse. It is reported that the Applicant is unable to give a coherent account due to her mental condition and owing to the same, the Applicant unable to meaningfully discuss offence or express clear attitude as she could neither recount events nor demonstrate understanding.
14. The Applicant’s family indicated she generally related well with community and she was not known for frequent disputes. That during episodes of mental illness, she became aggressive, unpredictable, occasionally violent towards close family members who attributed this to psychiatric condition and not deliberate misconduct. As stated, the primary victim was Applicant's late father and surviving family members including the mother and siblings expressed forgiveness and they believe the offence was committed during severe mental illness impairing judgment. The Applicant’s mother and sister-in-law are willing to receive her back upon release and they undertook to provide necessary care and support, ensure adherence to prescribed psychiatric treatment and attend follow-up appointments.
15. The community members are also willing to receive her back and they pledged support for resettlement and reintegration. They do not perceive her as a threat, provided she continues appropriate psychiatric treatment and remains medication-compliant. Other family members undertook to provide financial, emotional and psychological support. It was noted that the greatest risk is non-adherence to prescribed psychiatric medication which could result in relapse but the mother and sister-in-law committed to ensuring consistent medication, attending medical reviews, monitoring mental health and promptly seeking medical attention and notifying area Assistant Chief and Chief if relapse signs observed. From the foregoing, the Probation Officer recommended that the Applicant be released back to her family and community.
16. I have gone through the application, the Applicant’s submissions and the stated medical and probation reports together with the holding in Isaac Ndegwa Kimaru(supra). I am in agreement with the dicta therein that persons with mental challenges who are facing criminal trials or have been found "guilty but insane" are persons with disabilities under Article 54 of the Constitution and the Persons with Disabilities Act and they are entitled to protection and assistance. Indefinite detention at the President's Pleasure is cruel, inhuman and degrading because it is indeterminate, it subjects a sick person to prison rather than hospital and it denies the individual a determinate sentence and hope of release.
17. The Power of Mercy under Article 133 of the Constitution is distinct from the President's Pleasure detention as the former applies post-sentence whereas the latter applies pre-sentence or post-conviction but before sentence. The Advisory Committee on the Power of Mercy has no jurisdiction over persons with mental challenges until they are sentenced by a court. The Applicant was found "guilty but insane" under section 166 of the CPC in 2019, she was sentenced to an indeterminate detention at the President's Pleasure, she clearly suffers from chronic schizophrenia, a mental disability under Article 54 , she has served approximately 15 years in custody, the Medical Report confirms she is in remission and fit to continue with the legal process, though treatment is life-long, the Probation report confirms strong family and community willingness to receive her back, with commitments to ensure medication adherence and monitoring, she is a first offender and she has undergone rehabilitation programmes, is remorseful and wishes to reintegrate.
18. Given the aforementioned circumstances, the medical evidence, the probation report and the principles of justice, I find that the most appropriate order appears to be release with conditions to ensure continued treatment and monitoring. I will now issue the following dispositive orders:
1) A declaration be and is hereby made that the Applicant's continued detention at the President's Pleasure pursuant to Section 166 of the Criminal Procedure Code is unconstitutional, null and void to the extent that it violates Articles 25(a), 27 (1),(2),(4), 28, 29 (d) and (f), 50, 51(1) and (2),159 (2)(a),(b),(d), and 160(1) of the Constitution
2) The Applicant, JOYCE KAMENE TITUS, be and is hereby released forthwith from Lang'ata Women Prison unless otherwise lawfully held, subject to the conditions set out in Order 3) below.
3) The Applicant is placed on probation for a period of three (3) years from the date of her release, subject to the following conditions:
a) The Applicant shall reside with her mother, Jedida Musangi and/or her sister-in-law at their home in Mweeni Village, Kyanika Sub-Location, Nzambani Location, Nzambani Sub-County, Kitui County, or such other place as may be approved in writing by the Probation Officer.
b) The Applicant shall continue psychiatric treatment at Kitui General Hospital (or such other mental health facility as may be recommended by her treating psychiatrist) as an outpatient
c) The Applicant shall take all prescribed psychiatric medication consistently and as directed by her treating psychiatrist; she shall attend all scheduled medical reviews and follow-up appointments and not discontinue or alter her medication without the express advice of her treating psychiatrist.
d) The Applicant shall report to the Probation Officer, Machakos/Kitui County Probation Office, in person, monthly for the first six (6) months, and thereafter quarterly for the remainder of the probation period, or as otherwise directed by the Probation Officer.
e) The Applicant shall, through her family, notify and report to the Area Assistant Chief and Area Chief of Nzambani Location upon her return to the community, and shall cooperate with any reasonable monitoring arrangements put in place by the local administration.
f) The Applicant's mother, Jedida Musangi, and sister-in-law, Kathini Makau, shall ensure the Applicant takes her medication as prescribed; accompany or arrange for her attendance at all medical reviews; closely monitor her mental health and behaviour; promptly seek medical attention and notify the Area Assistant Chief and Area Chief if they observe any signs of relapse, aggression, or behaviour that may pose a risk to herself or others.
g) The Applicant shall abstain from the use of any illicit drugs or substances.
h) The Applicant shall maintain good behaviour and shall not commit any criminal offence during the probation period.
4) The Probation Officer, Machakos/Kitui County, shall supervise the Applicant's compliance with these conditions and file a Progress Report with this Court every six (6) months from the date of release, or sooner if required and immediately report to this Court any breach of the conditions or any deterioration in the Applicant's mental health or circumstances that may require the Court's intervention.
5) In the event of any relapse or deterioration in the Applicant's mental health, the family shall immediately seek medical attention from the nearest health facility or Kitui General Hospital; The treating psychiatrist shall assess the Applicant and recommend appropriate intervention and if necessary, the Applicant may be admitted for in-patient treatment at a mental health facility and the Probation Officer and local authorities shall be notified immediately and this Court shall be informed of any such development for appropriate directions.
6) These orders are made without prejudice to the Court's power to review, vary, or discharge any of the conditions herein upon application by the Applicant, the Probation Officer, the Respondent, or any other interested party, or upon the Court's own motion.
7) The Respondent is at liberty to appeal against these orders within fourteen (14) days from the date hereof.
DATED SIGNED AND DELIVERED virtually this 14 th DAY OF SEPTEMBER
2026
............................................................................
J W W MONGARE
JUDGE
IN THE PRESENCE OF
1. Mr. Hamisi Mzari for the Applicant
2. Ms. Machuma for the Respondent
3. Abdisalan-Court Assistant
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