This archive report was first published on 5 November 2021.
Kenyan High Court Judge Grace Nzioka has made a significant ruling in a murder case, declaring that murder suspects will no longer be required to undergo mental examinations before standing trial.
The ruling was delivered on November 5, 2021, in a case where a police officer was accused of killing a man on November 12, 2017. The officer had protested calls by the prosecution to have him remanded for 10 days to allow a mental assessment to be carried out.
According to the Judge, there is no requirement in the legal statutes or the Constitution that murder suspects must be subjected to mental assessment before they can take a plea. The Judge noted that suspects can choose to be mentally assessed before they plead to a murder charge.
Traditionally in Kenya, a suspect has to undergo a psychiatric test before pleading to murder charges. However, lawyers have stated that this is not compulsory under the Criminal Procedure Code (CPC).
Justice Nzioka ruled that the current system hinders trials and adds to case backlogs in courts. The ruling is expected to have a significant impact on the justice system in Kenya.
"There is no requirement to have murder suspects examined mentally before they can plead to charges," Justice Nzioka ruled.
