High Court releases mentally ill man who killed his father

What you need to know:

  • High Court Judge Fred Ochieng said Mr Mwangi must attend professional counselling and treatment.
  • Mr Mwangi was the third born son of Mr Kuria. The two had quarrelled after the father refused to share a portion of his land with his son.

The High Court has released a 43 year old man earlier convicted of manslaughter after he killed his father over a land dispute in Kiambu County.

Justice Fred Ochieng freed Mr Joseph Kuria Mwangi, who had served six years behind bars, over the killing after a report revealed he was mentally ill.

In addition, Mr Kuria who hails from Thika, Kiambu was given a three year probation period during which he must attend specialised professional counselling and treatment.

The judge also said that in the event that he refuses to honour those sessions, the probation officer must draw this to the attention of the court which will in turn take stun action against him.

“If he doesn’t cooperate, we will put him in and consider what sentence is appropriate for him without putting in mind how many years he has been outside (referring to when not in prison),” the judge said.

In a judgment delivered on November 6, 2014, Judge Ochieng had found out that the accused did in fact assault his late father, Mr Mwangi Kuria who succumbed to the injuries inflicted by the third born son.

After the decision, he ordered that further investigations be carried out by the government to ascertain the mental status of Kuria.

SUFFRED MENTAL ILLNESS

Revelations from members of his family and neighbours indicated that Kuria suffered from mental illness and used to receive medical treatment at Mathari Hospital.

Kuria’s brother Peter Muiruri also said that “he used to do things; but he would then do things which were confusing” affirming his kin’s unstable state of mind.

Judge Ochieng on the other hand said that the prosecution showed that although the accused had lucid moments, there were other times when he needed medical treatment.

“A person who puts forward the defence of insanity is obliged to prove it. In this case the evidence from the prosecution brought about doubts about his sanity,” he said.

According to a report by a probation officer Mr Mwita P W, Kuria had been under the care of mental health professionals for three times the last being in 1999.

“For now though,” the report says, “he does not display symptoms suggesting any serious emotional problems. He is mentally and emotionally upright.”

REFUSED TO SHARE LAND

His father refusing to share his land with him, his mother and brothers and sent them away.

The report said that it was unfortunate that before the standoff could be resolved, Kuria and the father were involved in a fight after his father confronted him with a panga.

“He grabbed a big stick and hit him on his head. He sustained fatal injuries and later succumbed to the same,” it continued.

In his submissions, Kuria said that no act is punishable if it is done involuntarily.

He said that it was the father who advanced to him with crude weapons causing him to panic and in self-defence, he reacted by hitting him with a big stick.

“It was out of the prosecution’s evidence that the accused person was incapable of understanding what he did if he ever did anything.”

The judge said, “When a person has an illness of the mind, he may not be responsible for his actions. Therefore in my considered view he may be incapable of having aforethought malice.”