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BY KORIR JUMA,NAIROBI,5TH APRIL 2018-The High Court on Thursday April 5 declared that self-confessed serial killer Philip Onyancha and two others have to be tried a fresh.
While issuing the ruling Justice James Wakiaga faulted the prosecution saying the trial should have been conducted under section 162 of the Criminal Procedure Code (CPC) because it was clear from the beginning that Onyancha had a mental problem. The three were tried under section 166 of the CPC.
The judge directed the file to be taken before Head of Criminal Division Justice Jessie Lesiit for fresh hearing of the case.
Earlier this year, the prosecution HAD asked the court not to find him guilty of murder, but insane.This was during the final submissions
Senior assistant deputy public prosecutor, Moses Omirera, urged the court to make the special finding and order that Mr Onyancha be jailed at the “pleasure of the President”.
The prosecutor says Mr Onyancha is a dangerous person but needs help. Should he be released, Mr Omirera added, the accused person is likely to commit similar offences, mostly targeting women.
While appearing in court Mr Omirera said hat there were three psychiatric examination reports filed in court and one of them, by Dr Owiti, noted that Mr Onyancha is likely to commit similar offences.
The first report on Onyancha was conducted at the time of his arrest.
The report found that the alleged serial killer was fit to stand trial.
But when he appeared in court for the first time in June 2010, his then lawyer Peter Simani informed the judge that Mr Onyancha had a mental problem and needed to be re-examined.
A panel of three doctors conducted a further report which further found him with a mental problem but it was noted that the report was not conclusive. The parties called for a third report which found that Mr Onyancha to be dangerous because he was likely to commit the offence again.
Mr Onyancha allegedly confessed to killing 19 women and children. He has been charged with three murder counts together with Tobias Nyabuhanga Aradi and Douglas Obiero Makori.