JUDGMENT
The appellant, Mwachia Wakesho, was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on May 17, 2012 at Magale village, Kishushe location within Taita-Taveta County, he murdered Wakesho Ndigilah (the appellant’s mother). On arraignment on May 23, 2012, the High Court ordered a psychiatric report in respect of the appellant to be availed.
In a medical report titled “Mental Status Examination for Mwachia Wakesho” and dated May 29, 2012, Dr. E. Macharia, a Medical Officer, Wesu District Hospital reported that the appellant’s behaviour was calm; his speech coherent and relevant; his mood normal; his orientation, well oriented in time place and person; concentration, good; perceptional disorders, no hallucinations, no illusions; judgment, good; insight, present. Conclusion, “no psychotic features, able to follow the court proceedings”.
Subsequently on June 6, 2012, the plea was taken whereu…