A police officer who killed a 20-year-old man four years ago in Kariobangi, was on Monday arraigned before a Nairobi court to answer to murder charges.
Police Constable Lewis Ngolo was arraigned before Justice Grace Nzioka but did not plead to the charge of murder.
The prosecution informed the court that they had not taken Ngolo for the mental examination assessment to ascertain whether he is fit to stand trial.
The court was told that Ngolo was arrested on Friday and since Mathari hospital takes check-up suspects on Tuesday, they were not able to take him for assessment.
“This is the first appearance. We will be requesting the court to give us 10 days to enabled the accused persons undergo mental assessment to enable plea taking,” the court heard.
However, Lawyer Danstan Omari representing the suspect, told the court that they were opposing the oral application by the state further stating that he shall be challenging the mental assessment.
Omari argued that there is nowhere in the CPC that prescribes for any suspect of to undergo mental assessment before plea.
He further said there was no basis for the mental assessment other than to continue to depriving the suspects right.
“We have no objection to have the suspect detained at Capitol Hill to challenge the issue of mental assessment,” he said.
The prosecution asked the court to direct the defence to file a formal application challenging the mental assessment.
They claimed that the reason they asked for 10 days is that Mathari is the only hospital doing mental assessment and they need to book, suspect seen and a report tabled in court.
"We have no objection to have him remanded at Capitol Hill police station until a mental assessment is conducted."
Judge Nzioka said she was aware that Mathari is overwhelmed and all suspects are seen on Tuesday.
“If you want to raise such a provision of the law an accused person to ascertain whether he is fit to take plea you file a formal application,” the judge directed.
The case will be mentioned on November 3 to enable the suspect to undergo mental assessment.
