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High CourtOtherCriminal Case No. 16 of 2013· [2019] KEHC 6619 (KLR)

Republic v CNG

High Court of Kenya
3 June 2019
NJNgaah Jairus
2,205 words in judgment
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The bottom line

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Even if you plead guilty, a court must assess your mental health. If you are found insane, you are not convicted but remain in custody.

What this practically means

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Executive summary

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The accused, CNG, was charged with the murder of his mother, MNG, on 2 May 2013 in Nyeri County, contrary to section 203 as read with section 204 of the Penal Code. When presented for plea on 26 July 2013, the state produced a psychiatric report establishing he was mentally handicapped, and the court (Wakiaga, J) committed him to Mathari National Teaching and Referral Hospital for treatment. Successive reports by Dr Wamukhoma (2014, 2015) and Dr Jumba (2016) found him unfit to stand trial, though showing gradual improvement. On 13 January 2018 Dr Catherine Syengo Mutisya found him fit to stand trial, and on 25 June 2018 he pleaded guilty in Swahili, answering 'it is true' twice after being warned of the potential death sentence. The court, reluctant to convict immediately, took further evidence from the accused's siblings and Dr Wamukhoma, who confirmed a history of schizophrenia since 1979. Applying the M'Naghten Rule as codified in sections 11 and 12 of the Penal Code, and Bratty v Attorney-General for N. Ireland on disease of the mind, the court found the accused was under delusion and incapable of appreciating the nature and wrongfulness of his act. Invoking section 166 of the Criminal Procedure Code, it made a special finding of guilty but insane. The family's plea for release was refused on psychiatric evidence of recurrence risk; the court directed detention at Nyeri main prison at the pleasure of the President under section 166(2)(3). Judgment delivered by Ngaah Jairus, J, on 3 June 2019.

Key legal issues

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01

Whether the accused was criminally responsible despite pleading guilty

Holding

The court made a special finding of guilty but insane under section 166 of the Criminal Procedure Code

Reasoning

Psychiatric evidence spanning 2013 to 2018 established the accused suffered schizophrenia since 1979, was partially deaf, had poor memory, concentration and insight, and was under delusion when he killed his mother. The court held a voluntary act and rational capacity are essential to criminal liability, and the M'Naghten Rule, codified in sections 11 and 12 of the Penal Code, absolved him.

p. 3
02

Appropriate disposition for an accused found guilty but insane

Holding

Detention at the pleasure of the President rather than release, despite the family's request

Reasoning

The court accepted the family's plea sympathetically but relied on psychiatric evidence that schizophrenia is prone to recur and manifest in violence, so release would risk harm to the accused, his family and the public. Section 166(2)(3) of the Criminal Procedure Code permits custody at the President's pleasure.

p. 3

Legal principles established

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  • A person suffering from a disease of the mind who cannot understand what he is doing or that it is wrong is absolved from criminal responsibility
  • Schizophrenia is a disease of the mind within the M'Naghten rules
  • The burden of proving insanity lies on the defence, though it is not a heavy burden
  • A court may not convict on a guilty plea without regard to the accused's mental health history

Court orders

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  1. 1.Special finding that the accused is guilty but insane
  2. 2.The accused to remain in the custody of Nyeri main prison at the pleasure of the President

Authorities

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Legislation

  • Penal Code, cap. 63section 203
  • Penal Code, cap. 63section 204
  • Penal Code, cap. 63section 11
  • Penal Code, cap. 63section 12
  • Criminal Procedure Codesection 166
  • Criminal Procedure Codesection 166(2)(3)

Cases cited (4)

  • R versus M'Naghten
    (1843) 8 E.R 718

    The M'Naghten Rule on the defence of insanity - presumption of sanity and defect of reason from disease of the mind

  • Bratty versus Attorney-General for N. Ireland
    (1961) 3 ALL ER 523

    Definition of 'disease of the mind' within the M'Naghten rules; schizophrenia as a psychosis

  • R versus Saidi Kabila Kiunga
    (1963) E.A 1

    Burden of proving insanity lies on the defence, though not a heavy burden

  • Nyinge s/o Suwatu
    (1959) E.A. 974

    Insanity must be shown to be more likely than sanity on all the evidence

Jurisdiction invoked
Original criminal jurisdiction over murder contrary to section 203 as read with section 204 of the Penal Code; special finding under section 166 of the Criminal Procedure Code

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, "Republic v CNG", Case Analysis (2019). Criminal Case No. 16 of 2013. Source:

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