1) Fredrick Mbindyo Mulei was charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars were that on unknown date and time between 8/9/19 within Ukia Location Makueni Subcounty he murdered Mary Katavi Muia.
2) After a full trial by Hon. Ongudi J and vide judgment delivered on 29/6/2021, the subject was found guilty of the offence of accessory after the fact of murder contrary to section 222 of the Penal Code. He was convicted accordingly.
3) I took over the matter when it was pending disposition, and the subject who had committed the offence when he was 16 years old had turned 18 .
4) On 30/5/2023 the matter came up for mention for the pre- disposition report and the subject was reported to have escaped from Machakos Children Remand Home.
5) The subject was arrested on 16/10/2024 and brought to court on 18/10/2024. It was reported that he had developed mental health complications.
6) On 6/11/2024 - the psychiatrist report indicated that he was suffering from drug induced psychosis. I sought for a fresh pre - disposition report.
7) The report has come indicating that the offender’s mental health issue is costly to them, and they cannot afford it . The family and local administrators want the government to treat him from this mental health issue.
8) The offender committed the offence when he was 16 years old - and the method the court will use to deal with his offending must take that into account.
9) In addition and in accordance with the sentencing guidelines, the court must consider that the offender developed a mental health issue. The court is required to obtain - recommendation from a psychiatrist /mental health specialist in order to determine the appropriate “disposition”
10) In the circumstances I direct:
1) That the offender having been found guilty of the offence of accessory to murder after the fact contrary to section 222 of the Penal Code,
2) Having committed the offence which he was a minor,
3) Having developed a mental health issue post finding of guilt,
4) The offender be escorted to the Makueni Referral Hospital for Psychiatric examination, report on diagnosis and recommendation on the appropriate method of dealing with him.
5) This order be served through the In Charge Registry upon the In charge Makueni Prison and the Psychiatrist Makueni Referral Hospital
Mention on 9th for the report and final orders.
Dated signed and delivered, in open court this 2nd April 2025.
MUMBUA T. MATHEKA
JUDGE