Court orders Kabando's kin to undergo mental treatment

The High Court has ordered Mukurwe-ini MP Kabando wa Kabando’s brother, Ceasar Thiari, be taken to a hospital for mental treatment.

Mr Thiari, 40, is suspected of killing his mother, Ms Rose Wachera Mwangi, 70, on July 27 at their home in Kaini village Mukurweini, Nyeri County.

Justice James Wakiaga on Wednesday ordered Mr Thiari to be treated for a period of one month following a psychiatric report presented before the court by State Counsel Njeru Njue.

Mr Njue told the court that according to the mental examination, the accused person has a history of chronic psychiatric illness.

“He is not in full control of mental functioning and thus not in a position to appreciate legal proceedings,” said Mr Njue.

Mr Njue further said that owing to Mr Thiari’s mental state, he cannot be assigned a lawyer to represent him in court before he receives medical attention.

(READ: Mukurwe-ini MP Kabando's mother hacked to death)

FAMILY SUPPORTS TREATMENT

The suspect's family, through advocate Richard Kamotho, supported the proposal of mental treatment for the suspect.

Mr Kamotho, however, raised concerns about the manner the case has been covered by the media, which he characterised as insensitive.

He sought the court’s permission to protect the accused person from being subjected further to such coverage.

“The accused person was subjected to media interviews despite the matter being in court and this is very distressing to the family members who are still grieving,” he said.

He added that the accused person should not be allowed to offer defence before the media.

This request prompted Justice Wakiaga to issue an order to reporters to cover the matter carefully so as to ensure that the suspect’s dignity is protected.

'FAIR TRIAL'

“This man has been tried and convicted by public opinion. It is of great importance to give him a fair trial before the court of law,” said the judge.

Justice Wakiaga noted that Mr Thiari’s brother is a public figure and thus attracts more public attention, but warned that the family needs to be given objective media coverage.

He said that since the family had publicly announced, during their mother’s burial last Saturday, that they had forgiven their brother’s deeds, Mr Thiari ought not to be prejudiced and should be given a chance to receive treatment and a just trial.

He said that Mr Thiari had a right to decide whether he was willing to undergo mental treatment at the Mathare mental hospital but owing to the psychiatric report produced, he was unfit to make such a decision.

The hearing continues on September 18.