Republic v Oucho (Criminal Case E020 of 2026) [2026] KEHC 12942 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 12942 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL CASE E020 OF 2026 SIFUNA NIXON, J JULY 28, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND JULIUS ONYONKA OUCHO ..................................................................... ACCUSED RULING 1. The Accused JULIUS ONYONKA OUCHO is facing a charge of murder. The Mental Assessment Report dated 2nd June 2026 and submitted by KISII TEACHING & REFERRAL HOSPITAL, stated that the Accused suffers from a mental disorder by reason of which he is unable to follow court proceedings. 2. Upon receiving that Report, this Court deferred plea-taking, and ordered that the Accused be escorted to MATHARI NATIONAL TEACHING & REFERRAL HOSPITAL for a comprehensive mental assessment. The court also ordered that he stays there for treatment and until further orders of the court. 3. Later after the Accused had been escorted to the said hospital, the Accused has today been returned to this Court for mention; and with rather brief and sketchy Mental Assessment Report from that hospital, dated 13th July 2026. The said Report has stated that upon being mentally assessed, the Accused has been found to be most likely suffering from a Psychotic Disorder. 4. The Report which is in essence stating that the Accused is suspected to be suffering from a mental disorder, is signed a Dr Jackline Achieng who stated therein that stated that she prescribed for him some medicine and advised him to be reviewed at the KISII TEACHING & REFERAL HOSPITAL’s Psychiatric Unit after one month for subsequent treatment and follow up. 5. The report did not comment on whether he should be detained for treatment or put in residence for the same. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12942/eng@2026-07-28 1
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6. The Accused while addressing the Court, has always insisted on continuing to be detained at Nyanchwa Police Station where he says has been handled well. 7. As I stated in my ruling of 16th July 2026, police custody is only for investigations and temporary custody of suspects pending charges and arraignment in court. It is not for remand or long-term custody. Even that temporary custody if post-arraigment, has to be specifically justified and specifically ordered. 8. The charge facing the Accused being a murder charge, is such serious one and of grave consequences, if convicted on it. If the Accused has a mental illness as found by the two mental assessments, he poses a danger not only to himself but also to the public at large. 9. This court cannot therefore release him into the public space for him to be visiting KISII TEACHING& REFERRAL HOSPITAL for outpatient services as recommended by Mathari. Since he has a charge in this Court and a pending plea to take, he is not free and his right to freedom has to curtailed. 10. He also has to be secured from being harmed by members of the public in retaliation, also so that he is available for plea-taking, once he has recovered from his condition. His being secured in that custody will also ensure he receives treatment and upon recovery, finally takes plea and goes through trial for this charge of murder. 11. For those reasons, I order that the Accused be remanded at KISII GK PRISON from where he shall time and again as is necessary be escorted for treatment at the KISII TEACHING & REFERRAL HOSPITAL psychiatric clinic as an outpatient. 12. The prison authorities and the medical personnel there, shall ensure he routinely takes his medication and is escorted time and again to the said clinic as shall be necessary and scheduled. 13. He shall not be released from the prison until further orders of this court. While there, he shall be produced in this Court for scheduled mentions of his case, 14. This case shall be mentioned in this Court once every month for status updates on his mental health. Once he is certified to have recovered and fit to stand trial, he shall take plea. Therefore, his plea-taking has deferred until then. 15. The next mention shall be on 27th August 2026 before Hon Keter (Deputy Registrar), and thereafter once monthly as shall from time to time be scheduled by this Court. 16. It is so ordered. DATED AND DELIVERED AT KISII ON THIS 28TH DAY OF JULY 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12942/eng@2026-07-28 2
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