W S V. REPUBLIC

JUDGEMENT OF THE COURT

This is yet another matter from this station where the appeal has been pending hearing for the last seven years owing to numerous adjournments on account of unavailability of the appellant. The appellant has been unavailable because of a finding made on 26^th November 2009 by the High Court Maraga J. (as he then was) in a murder trial that she was ‘guilty but insane’ in accordance with Section 166(1) of the Criminal Procedure Code (CPC). The court then made an order that the case be reported to the President where upon the appellant was transferred from her confinement at Lang’ata Women Prison to Mathari Mental Hospital on 29^th March 2011. That is where she continues to be. Yet, a notice of appeal and memorandum of appeal were drawn, thumb-printed and filed by her on 12^th December 2009. Learned counsel was also availed to her pro bono in the person of Mr. Wambeyi Makomere, Advocate. Prosecution Counsel, Ms Nelly Kasiso Ngovi appears for the State.

At the hearing of…