Court frees State House intruder over mental condition
What you need to know:
- A report from a psychiatrist at Mathari hospital revealed that Luqman Ali Mahmmoud had a mental condition and needed urgent medical attention.
- The magistrate freed Mr Mahmmoud with the warning that “ should he dare go back to State House in a bid to secure an appointment with [the President], he will have himself to blame”.
The man who forced his way into State House, Nairobi, on June 19 to speak with the President has been freed on medical grounds.
A report from Mathari National Teaching and Referral Hospital, which was presented to court on Friday, revealed that Luqman Ali Mahmmoud had a mental condition and needed urgent medical attention.
Magistrate Daniel Ndungi released Mr Mahmmoud to his uncle, who had requested to be allowed to take him to hospital.
WARNING
Mr Ndungi freed Mr Mahmmoud under Section 87(a) of the Criminal Procedure Code with the warning that “ should he dare go back to State House in a bid to secure an appointment with [the President], he will have himself to blame”.
The magistrate also explained that the law under which he was discharged gives room for re-institution of the case.
He said that should Mr Mahmmoud return to the premises, “the current case will be revived and he will get double punishment”.
He further told the uncle, “If you allow Luqman to return to State House, you will be arrested and charged with criminal negligence.”
The magistrate also asked the uncle to “always keep an eye on [Mr Mahmmoud]”.
He told the two, “I believe I am very clear on this issue. Have you both understood me?”
They both answered, “Yes, we have.”
WHAT HAPPENED
Mr Mahmmoud was charged with “creating a disturbance in a manner likely to cause breach of peace by forcing entry through State House's gate "D" using a vehicle ... blue in colour”.
The second charge stated that he entered a protected area and refused to stop for a police search.
Explaining the circumstances of the case, a state prosecutor said Mr Mahmmoud was stopped by police constables Duncan Orero and Winston Abwawo and Corporal Alex Sirongo.
The three had been manning the gate when he drove past them at breakneck speed.
“The presidential guards were forced to puncture the tyres of the Volkswagen Polo he was driving by shooting at them,” the magistrate heard.
ADMISSION
Mr Mahmmoud admitted to two charges - causing a disturbance and entering a protected area.
In court last week, he told Senior Principal Magistrate Kennedy Cheruiyot, “I wanted to speak to President Uhuru Kenyatta on how to worship Allah.”
The magistrate said he found the admission unequivocal but decided to change the plea to ‘not guilty’.
He then asked for a psychiatrist’s report on the accused’s mental status before taking further steps in the case.
