How convicted murderer ended up in Mathare Hospital

On February 12, 2018, at Kimangu Catholic Church in Rongai, Nakuru, while intoxicated, Francis Njuguna Wangare killed Francis Imili Mzee.

Shortly after, Njuguna was arrested and arraigned where the High Court at Nakuru ordered a mental assessment to pave way for the court's proceedings.

The assessment showed that the man suffered from a drug-induced psychosis and was not fit to take a plea.

Considering this, the court took time before ordering another mental assessment and on October 9, 2019, the doctor's report indicated that Njuguna was mentally stable to stand trial.

This opened way for a trial and the matter proceeded for hearing.

During this time, the matter of the man's mental health was raised in court.

After the trial on May 26, 2022, Njuguna was found guilty and convicted.

During mitigation, the defence counsel told the court that the man had no prior convictions and he was a family man with a three-year old child.

He prayed for a non-custodial sentence so that Njuguna can get help from his loved ones and the doctor.

He further submitted that his client had been in remand for four years pending the trial.

"He is remorseful and the time he has been in custody is sufficient as he has learnt his lesson," the court heard.

The state however opposed the non-custodial sentence plea urging the court to consider calling for a second mental assessment before sentencing.

The counsel stated that if released to society, Njuguna may cause much greater harm.

The request by the prosecution was seconded by defence counsel.

Following this, Justice Rachel Ngetich ordered that Njuguna undergo another mental assessment which was availed to the court on July 25, 2022.

The report showed that the man was not fit and should be admitted to the Mathare Hospital for treatment or he be treated as an out-patient.

The court further directed that Njuguna's family accompany him to the Psychiatrist so as to give his history to assist the doctor in making an opinion as to whether he should be committed to a mental institution or treated while with his relatives.

However, when the matter was taken back to court on January 18, 2023, Njuguna said he could not remember the phone numbers of his family members.

This led to a new directive that prison officers in charge to assist Njuguna in reaching a family member who would accompany him to see a doctor.

Unfortunately, no relative had been reached by May 24.

On June 29, the court gave a final mention and directed that in the event the family members were not reached, Njuguna was to be taken for review and a report be filed before the final directions were given.

Almost five months later, efforts to trace the family members had become futile and the court fixed the ruling for October 19, 2023.

In November, Judge Ngetich delivered the judgement and ordered that the man be committed to Mathare Hospital.

The court further ordered that a report by a psychiatrist be filed after six months to enable it to make further directions.

"In view of the fact the accused's family was not available to assist the doctor in arriving at a conclusive assessment of the accused's mental state and appropriate intervention, I am of the view that it would be appropriate to commit the accused to a mental institution for treatment and periodic reports be made every six months to assist the court in making further orders/directions," the court document dated November 9, reads.

"Accused (Francis Njuguna) is hereby committed to Mathare National Teaching and Referral Hospital for treatment."