RULING OF THE COURT
The appeal before us has not been heard since it was filed more than four years ago in September 2011. The reason always given on the three occasions when it was listed for hearing, but was adjourned, was that the appellant could not be produced before the Court because she was still undergoing treatment at Mathari Mental Hospital, Nairobi.
The reason for the appellant’s detention in Mathari was a finding made by the High Court (Ouko J. as he then was) which tried the appellant for the murder of her two-year old son on the night of 19th/20th May 2007 in Nakuru. The circumstances leading to the death of the child through deep and extensive burns covering 60% of the child’s body appeared to show that the appellant was schizophrenic and had a history of mental illness. For that reason the High Court made a special finding under Section 166 of the Criminal Procedure Code (CPC) that she was guilty but insane, and ordered her detention at the President’s pleasure as she un…