<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal from the judgment of the High Court (Muga Apondi J) given on 27^th September 2007 in which the appellant, Mohamood Mohamed Ali, was found guilty of murder but insane. The High Court then directed, under Section 166(2) of the Criminal Procedure Code, that the matter be reported to the order of the President of the Republic of Kenya.</p><p class="ql-align-justify">Background</p><p>The appellant was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge were that, on the 1^st day of May 2003 at Danyere Location of Balambala Division in Garissa District within the North Eastern Province the appellant murdered Gavoi Gure.</p><p>The appellant was arraigned before the High Court of Kenya at Nairobi and on 13^th October 2005 pleaded not guilty to the charge. The prosecution assembled five witnesses. The evidence as narrated to the trial court by the witnesses is as follows: Ali Abdi, PW 1, resides at Danyere in Garissa District. During the …</p>