1. There are two conflicting psychiatric reports in respect to the Applicant from the Port Reitz hospital. As Mr Ngiri pointed out, this a normally was suggestive of some mischief and the trial court’s position was t that both the applicant and the complainant in the trial court were influencing the outcomes. As I pointed out earlier on 8th April 2025 , the way best way to resolve that stalemate was by way of a 3rd and Independent evaluation. Up to there, I find that the trial court was on the right trajectory.
2. What I find strange was the order that the report be conducted whilst the applicant is in custody and giving direct instructions to the doctors as to how to conduct the evaluation.
3. Let’s say two instance, the Applicant is certified to be of sound mind and the doctor is able to establish that from the first instance, then what would be the justification for the two weeks observation?
4. It has also not been established that the Applicant or his family was unable to escort themselves to the recommended facility for examination or that the examination cannot be done when he is on bond.
5. Further, In as much as the ruling stated that the bond had yet been suspended, that was the final effect because as it is, the Applicant is in custody.
6. We are also not sure when the prison authorities will escort him to the facility as we have learnt that he is still at Shcalled for imo La Tewa prison to date.That period therefore remains indefinite and I find that it may result a travesty of justice especially if it were to be confirmed that he is indeed unwell.
7. The court therefore finds that the trial court’s direction that the Applicant be remanded at Shimo-la-Tewa G.K. Prison so as to be escorted to hospital was harsh and not necessary. If he had failed to obey the order then we would have understood.
8. I therefore find that the order the order was oppressive and ripe for review.
9. I therefore find that the application has merit and it is allowed in the following terms.
i. The applicant’s bond be reinstated forthwith and he should be released from custody.
ii. That the Applicant then be escorted by his relatives and the Investigating Officers for the 3rd psychiatric evaluation at the Mathare mental and referral hospital . I note that initially they were two officers who escorted him for examination. Their advocates if they chose, may accompany them.
iii. The arrangement for the travel arrangements to be made through the office of the Deputy Registrar within the next 30 days from today .
IV. The expenses of the re examination will be meet by the family of the applicant /accused person who has volunteered to do so.
iv. It is so ordered.
Dated, signed & delivered in Open Court/online through MS TEAMS,
this 29th day of April 2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
Mr. Egunza for the Applicant
Mr. Maulid hold brief for the respondent
Mr. Ngiri for the state
Maureen / Bebora Court Assistant
HON. LADY JUSTICE W. K. MICHENI
JUDGE