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JudgmentRepublic VS JOHN MUTUKU MUTUA2 min read

Republic VS JOHN MUTUKU MUTUA

High Court at Makueni High Court · · Matheka, Teresia Mumbua

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCRC NO. E013 OF 2024

REPUBLIC…………………………………………………….PROSECUTION

-VERSUS-

JOHN MUTUKU MUTUA…………..……..………..……ACCUSED

RULING

  1. John Mutuku Mutua is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 24/5/2024 at Ngunga village, Utangwa location, Mbooni West sub-county Makueni County he murdered Wiliam Mutua Mutunga.
  2. The accused has not taken plea because via the report of the psychiatrist made on 10/6/2024 – the Psychiatrist states that the accused “has had signs of mental illness since early childhood”. He noted that the “client not competent, requires treatment and re-assessment in three months”.
  3. When the matter came for mention on 26th June 2024, I requested for a social inquiry report from PACS. That report indicates that the accused person is accused of killing his own father.
  4. He is the 6th born in a family of 8 – all his siblings with independent lives – he was the one living with his parents. His mother is fearful of her son being released on bond. His siblings are of the view that they are still dealing with their mother’s trauma and their own too. The accused also faces accusations of substance and alcohol abuse and the local administration cannot guarantee that upon his release he will not harm his mother or comply with bond terms.
  5. The court did request the psychiatrist to provide information on the actual mental health diagnosis so that the family can also be aware of what it is that the accused suffers from. I have noted that when this is clear, the family is usually able to deal with the issue of bond and treatment of the accused pending and during trial.
  6. In the circumstances it is only proper that the accused’s bond terms await the diagnosis and the plea.
  7. A fresh order to issue to the psychiatrist to provide a report with the accused’s diagnosis on or before 15/8/2024.
  8. Mention before the Deputy Registrar on 15/8/2024 for the report, and if competent, a date for plea.

Dated, signed and delivered this 24th July 2024

Mumbua T Matheka

Judge

    Republic VS JOHN MUTUKU MUTUA Republic VS JOHN MUTUKU MUTUA