REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO. E020 OF 2026 REPUBLIC…………………………………………….PROSECU TOR =VERSUS= JULIUS ONYONKA OUCHO…………………………..ACCUSED RULING 1. The Accused JULIUS ONYONKA OUCHO is charged herein with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 Laws of Kenya). 2. Before he being presented before this Court for plea-taking, he underwent mental assessment. These were done at two hospitals (KISII TEACHING & REFERRAL HOSPITAL and MATHARI NATIONAL TEACHING & REFERRAL HOSPITAL). The two Mental Assessment Reports from these hospitals have stated that he has a mental disorder that makes him unfit to follow court proceedings. Hence also unfit to take plea. 3. The Report from KISII TEACHING & REFERRAL HOSPITAL is dated 2nd June 2026, while the one from MATHARI NATIONAL TEACHING & REFERRAL HOSPITAL is dated 13th July 2026. 4. He has been in police custody for over a month since his arrest. The offence he is facing is a serious one. Police custody is temporary holding custody that cannot be used for long-term stay by the Accused. As he has not pleaded to the charge, I cannot release him on bail at the moment, I KISII HC Criminal Case No. E020 of 2026 1
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also will not right away commit him to remand prison at the local prison- KISII GK PRISON. 5. Given his mental condition, and given the incident for which he has been arraigned here in this Court, the he poses a risk to the safety and well-being of the public. Including the safety of his own family and immediate local community. This endangers also his own safety and security if released into the public space. 6. For the aforegoing reasons and as he is unfit to plead to the charge that is before this Court, I hereby commit him to MATHARI NATIONAL TEACHING & REFERRAL HOSPITAL for residence and treatment. Where he shall remain until further orders of this Court. 7. The Investigating Officer in this case shall liaise with NYANCHWA POLICE STATION and DCI KITUTU CENTRAL, to escort him to MATHARI NATIONAL TEACHING & REFERRAL HOSPITAL as ordered in this ruling. 8. As regards his transmission and transit to the said medical institution, the Investigating Officer shall liaise with the Deputy Registrar; for the expenses relating to such transmission and transit to be paid by the Court. 9. This Court shall keep mentioning this matter quarterly for purposes of periodic updates from the Investigating Officer on the Accused's stay at the said institution. The next mention will be on 15th October 2026. DATED and DELIVERED at KISII on this 16 th day of July 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Criminal Case No. E020 of 2026 2
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