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Court of AppealDismissedCriminal Appeal No. 10 of 2013· [2015] KECA 85 (KLR)

Justus Oyaro Machuki v Republic

Court of Appeal of Kenya
17 December 2015
PKP. Kihara KariukiSKS. Gatembu KairuAMA. K. Murgor
1,572 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that when an accused pleads insanity at trial, courts must use section 166 of the Criminal Procedure Code, not section 167.

What this practically means

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Executive summary

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The appellant was convicted by the High Court at Kisii (Sitati, J.) on three counts of murder - his brother, his mother and his wife - committed on 20th February 2005 at Kanyimba Sub Location, Gucha District, contrary to section 203 as read with section 204 of the Penal Code. Evidence from his daughter and other witnesses described erratic and abnormal behaviour associated with alcohol consumption, and a medical witness deposed to two previous episodes of psychosis. On its own motion the High Court ordered psychiatric assessment; a second report of 20th September 2010 found the appellant fit to stand trial. At trial the appellant pleaded insanity, and the court found on a balance of probabilities that he was legally insane when he committed the acts, yet convicted him and, purporting to act under section 167 (1) (b) of the Criminal Procedure Code, ordered the case reported to the President with the appellant kept in custody. On appeal, counsel for the appellant and the prosecution agreed that the correct regime should have involved acquittal or detention at the President's pleasure under section 167. The Court of Appeal held that section 166, not section 167, governs cases where insanity is raised as a defence at trial and a special finding of insanity at the time of the offence is made; section 167 addresses an accused who does not understand the proceedings. The Court found the learned judge correctly applied section 166's requirements, with section 167 (1) (b) pronounced in error, saw no reason to interfere with the conviction and sentence, and dismissed the appeal, specifying that the operative provision was section 166 (1) and (2).

Key legal issues

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Distinction between section 166 and section 167 of the Criminal Procedure Code in cases where insanity is raised as a defence

Holding

The trial court correctly applied section 166 on the special finding of insanity at the time of the offence; section 167 (1) (b) was invoked in error, but the conviction and sentence were sound and not disturbed

Reasoning

The court distinguished the two provisions: section 166 governs the situation where the defence of insanity is adduced at trial and requires a special finding of guilt coupled with insanity, followed by a report to the President and custody as directed. Section 167, by contrast, addresses an accused who does not understand the proceedings. Since the trial court made a special finding that the appellant was legally insane at the time of the killings, section 166 was the operative provision, and section 167 (1) (b) was pronounced in error. No basis existed to interfere with the conviction and sentence.

p. 3

Legal principles established

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  • Where a court finds an accused legally insane at the time of committing the offence, the correct procedural regime is section 166 (1) and (2) of the Criminal Procedure Code, which requires a special finding of guilt coupled with insanity and a report to the President, and not section 167, which addresses an accused who does not understand the proceedings

Court orders

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  1. 1.The appeal is dismissed
  2. 2.The conviction and sentence of the trial court are not disturbed, save that the applicable provision is specified as section 166 (1) and (2) of the Criminal Procedure Code and not section 167 (1) (b)
On appeal from
High Court of Kenya at Kisii
H.C.CR.A No. 36 of 2005
Jurisdiction invoked
First appellate appeal to the Court of Appeal from a High Court judgment in a murder trial (Criminal Appeal No. 10 of 2013); no specific constitutional provision invoked

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Justus Oyaro Machuki v Republic", Case Analysis (2015). Criminal Appeal No. 10 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/85/eng@2015-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.