The infamous Onyancha will undergo two mental tests as his re-trial for multiple murders get underway.
A judge declared a mistrial in the case against the self-confessed serial killer Onyancha and two others and directed that proceedings start anew.
Onyacha’s lawyer has requested the court to furnish him with committal bundles in readiness for the re-trial whose hearing date is to be fixed after a pre-trial conference on June 7 2018.
The prosecution through Evelyne Onunga and on behalf of Catherine Mwanini, requested the court for an order of the mental examinations.
The two tests will be conducted in respect of the two case files in court and a report will be made to the trail judge.
A lawyer has also discharged herself from representing Onyancha after discovering that they hail from the same locality.
While declaring Onyancha’s case a mistrial , the then trial judge, Justice James Wakiaga, faulted the prosecution, ruling 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 case had proceeded under section 166 of the CPC.
Click the link below to read an earlier submission on the same.
Pleasure of the President
Onyancha’s case files were taken to the Head of Criminal Division Justice Jessie Lesiit for reallocation.
Senior assistant deputy public prosecutor, Moses Omirera, had urged the court to make the special finding of criminal insanity and that Onyancha be jailed at the “pleasure of the President”.
According to the state, Onyancha is “a dangerous person but needs help.”
“Should he be released,” Omirera said, “the accused person is likely to commit similar offences, mostly targeting women.”
Omirera recounted there were three psychiatric examination reports filed in court and one of them, by Dr Owiti, noted that 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 Onyancha had a mental problem and needed to be re-examined.
A panel of three doctors conducted a further report.
Worked as a night-guard
The panel 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 Onyancha “is dangerous because he was likely to commit the murder(s) again.”
Onyancha confessed of killing 19 women and children.
He has been charged with three murder counts together with Tobias Nyabuhanga Aradi and Douglas Obiero Makori.
They denied that on April 14, 2014 in Dagoretti, Nairobi they killed nine-year-old Anthony Njirwa Muiruri.
He is also charged with the murder of a woman whose remains were found in a ceiling at a premise where he formerly worked as a night guard.