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1. The offender herein pleaded guilty to the charge of Manslaughter contrary to section 202 as read with 205 of the Penal Code.
2. At the time of the plea bargain the offender was of clear mind and was aware of what happened at the time he committed the offence.
3. For purpose of disposal of the matter and in view of the Mental Health Act – I requested for a mental health assessment report.
4. The psychiatrist stated;
“ The client had active and untreated psychopathology at the time of the incident; he is currently stable on medication and talk therapy”
5. He recommended the court to consider;
i. Long term therapy/ treatment; residential (in patient) care and support.
ii. Probation interview.
6. The Probation and After Care Services Report was requested for on 23/5/2025 and was filed on 18/6/202.
7. Upon conviction – Mr. Hassan for the offender submitted in mitigation that he was 1st offender and prayed for leniency - as he suffered from mental illness, and is a father of 2 children. Further that the court considers the period he has been in custody since 2021.
8. I have carefully considered the Probation Aftercare Service report, and the recommendations by the Psychiatrist.
9. The accused person is still not suitable for release to the community and requires residential care.
10. That means that he ought to be committed to Mathari Hospital for treatment.
11. I have taken into account the period spent in custody.
12. The accused person is sentenced to 10 years imprisonment with effect from 29/7/2021 .
13. Pursuant to the recommendation by the Psychiatrist that the accused’s gets residential mental health care , I direct that he be committed to Mathari Hospital for treatment during the sentence. The period he will spend in hospital will be considered as part of his sentence.
14. The Prison Authorities to liaise with Probation &Aftercare Services to ensure that the accused gets the talk therapy that he needs.
15. This order be extracted and served upon the in charge Makueni Main Prison together with the Committal Order for compliance.
16. Orders accordingly.
Dated, signed and delivered virtually on 13th November 2025
Mumbua T Matheka
Judge
Chrispol - Court Assistant
Accused – present virtually
Mr Hassan for the accused
Mr. Kazungu for state
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1. The offender herein pleaded guilty to the charge of Manslaughter contrary to section 202 as read with 205 of the Penal Code.
2. At the time of the plea bargain the offender was of clear mind and was aware of what happened at the time he committed the offence.
3. For purpose of disposal of the matter and in view of the Mental Health Act – I requested for a mental health assessment report.
4. The psychiatrist stated;
“ The client had active and untreated psychopathology at the time of the incident; he is currently stable on medication and talk therapy”
5. He recommended the court to consider;
i. Long term therapy/ treatment; residential (in patient) care and support.
ii. Probation interview.
6. The Probation and After Care Services Report was requested for on 23/5/2025 and was filed on 18/6/202.
7. Upon conviction – Mr. Hassan for the offender submitted in mitigation that he was 1st offender and prayed for leniency - as he suffered from mental illness, and is a father of 2 children. Further that the court considers the period he has been in custody since 2021.
8. I have carefully considered the Probation Aftercare Service report, and the recommendations by the Psychiatrist.
9. The accused person is still not suitable for release to the community and requires residential care.
10. That means that he ought to be committed to Mathari Hospital for treatment.
11. I have taken into account the period spent in custody.
12. The accused person is sentenced to 10 years imprisonment with effect from 29/7/2021 .
13. Pursuant to the recommendation by the Psychiatrist that the accused’s gets residential mental health care , I direct that he be committed to Mathari Hospital for treatment during the sentence. The period he will spend in hospital will be considered as part of his sentence.
14. The Prison Authorities to liaise with Probation &Aftercare Services to ensure that the accused gets the talk therapy that he needs.
15. This order be extracted and served upon the in charge Makueni Main Prison together with the Committal Order for compliance.
16. Orders accordingly.
Dated, signed and delivered virtually on 13th November 2025
Mumbua T Matheka
Judge
Chrispol - Court Assistant
Accused – present virtually
Mr Hassan for the accused
Mr. Kazungu for state
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