The family of a man who was shot after jumping over a State House fence has been advised to approach the DPP and investigation officers to see whether they could settle Brian Kibet’s criminal case out of court.
Milimani chief magistrate Francis Andayi gave Kibet two more months to engage the DPP and seek a second medical opinion on his mental status.
“The matter cannot be withdrawn as I cannot take a plea of guilty with the mental status of the accused. His disease is incurable as per the report tabled in court from a doctor from Moi Teaching and Referral Hospital. Looking at the report, he has to be detained in hospital” Andayi said.
The court directive came after Kibet’s father failed to present a recent medical report from MTRH to determine whether Kibet was fit for trial.
In July, the same court allowed the Jkuat mechanical engineering student to be treated for a mental disorder.
Andayi had directed that Kibet be remanded at Kilimani police station as his family made plans for his treatment.
“If the police agree to release him, then this court has no problem. This is a matter that requires family assistance,” the magistrate had directed.
The magistrate gave the directions after finding the accused unfit to take a plea after Kibet’s father gave an account of his son’s mental condition.
“Brian was diagnosed with a psychotic disorder after three encounters where he walked long distances with no cause,” his father, Kevin Bera, said.
Bera said his son once walked from about 6pm to 2pm the following day.
“He left our home in Kitale and walked to a place known as Lortum in West Pokot in January last year,” Bera said.
In February the same year, Brian left Jomo Kenyatta University of Agriculture and Technology in Juja and walked over 100 kilometres to Mt Kenya and tried to climb the mountain illegally.
“He was arrested and locked up at Naromoru police station,” Bera said.
Three months later, Kibet once again set from home in Kitale and walked to Athi River.
“We located him and took him to Eldoret where he was diagnosed by a psychiatrist with the mental disorder,” he said.
Bera said after months of treatment, his son improved a lot.
“We stayed with him for a month until he requested to go back to school. There was an exam in October,” Bera recounted.
In May, he called to inform me that he had passed all the units and was due for the second semester.
“His condition became worse when he stopped using the medication. Two weeks after his exams was when we learnt of the relapse after the incident,” he said.
Bera urged the court to release his son so that the family can take him for treatment at a medical facility that would befit him.
“Confining him in police cells will not help him. I pray that the court allows me to discuss with my family on the most suitable option for holding him,” he said.
Brian apologised to the President and the court, promising not to repeat his actions.
He also pleaded with the court not to take him to Mathare mental hospital which he deemed as a punishment.
“I’m not sick. I was walking because I want to be a fisherman,” he said.
The 25-year-old was shot by police officers manning the Nairobi State House as he tried to access it through the fence on June 11.
He had earlier posted on his Facebook page that he would invade State House.
He was later admitted at KNH general ward under police guard.
The matter will be mentioned on January 23 next year when the family is expected to present a report of his mental condition.