Do you remember Phillip Onyancha? The man who send shock waves across the country after he confessed to killing 18 women in 2009?
Well the guy has now asked that the court to grant him bail pending hearing and determination of his murder trial.
In April this year, the High court ordered Onyancha’s trial a mistrial. 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 three were tried under section 166 of the CPC.
But Onyancha has now faulted the claims and says that he’s not insane as indicated in papers presented before the court. He further maintains that he is a family man and has two children who depend on him.
Onyancha who has been on trial for the last eight years says that he will abide by all conditions set out by the court if he is granted bail. According to him, the prosecution has no compelling reasons to continue detaining him in remand.
The prosecution has opposed the application to grant Onyancha bail saying that it is equally instructive that the life of Onyancha shall be eminently endangered should he released.
“The dictates of justice also requites that the accused person ought to be kept away from members of the public who are most likely to fall prey to his tendencies of sucking of human blood,” argues the prosecution.
Court will rule on the bail application on November 1, 2018.
According to the Prosecution, on July 1 and July 8, 2011, Dr Fredrick Owiti, a consultant psychiatrist examined Onyancha and prepared a report indicating that he was suffering from residual schizophrenia.
The court was told that it is the mental illness within the meaning of the Mental Health Act 1988 which may have propelled him to commit the offences he is charged with.