Eldoret High Court Orders Mental Assessment for Man Imprisoned for 34 Years on Grounds of Insanity

In a significant legal development, the Eldoret High Court has ordered a comprehensive mental assessment for Philip Kemboi Bor, a man who has spent 34 years behind bars after being found guilty of murder but deemed insane. The ruling, delivered by Justice Reuben Nyakundi, follows a successful petition filed by Bor challenging his imprisonment under the provisions of the Kenyan Constitution of 2010.

Bor, represented by his lawyer Oscar Oduor from the Centre for Legal Support and Inmate Rehabilitation (CLESIR), petitioned the court in 2023, asserting that it was unconstitutional to imprison someone who was mentally unfit. The court heard that Bor, who was 18 years old at the time of the incident, had been suffering from cerebral malaria when he accidentally caused the death of a neighbor who startled him from sleep. Despite his mental state, Bor was found guilty of murder but insane in 1989 and detained at the pleasure of the President.

Over the years, Bor’s case has undergone various legal proceedings, including unsuccessful attempts to petition for release through the Power of Mercy Advisory Committee. His current petition, filed in 2023, led to Justice Nyakundi’s ruling, which deemed Bor’s claims meritorious under Article 23 of the constitution.

In his judgment, Justice Nyakundi ordered a review of Bor’s conviction, replacing it with a finding of not guilty by reason of insanity. Additionally, the Director of Public Prosecution was directed to initiate the process of amending Section 166 of the criminal procedure code, addressing ambiguities that may lead to violations of defendants’ rights. Furthermore, the court ordered Bor to undergo a mental assessment at Moi Teaching and Referral Hospital to ascertain his current mental condition and ensure his access to healthcare rights.

The ruling signifies a significant step towards addressing the rights of mentally ill individuals within the criminal justice system. The case will be mentioned again in a week’s time to monitor the implementation of the mental assessment order and further legal proceedings.