Milimani Senior Principal Magistrate Geoffrey Onsaringo granted NMG’s application, directing that its doctor participate in the assessment alongside the government psychiatrist.
The order followed a report from the government doctor who said he required more information about the accused before releasing a final report on his mental status.
State Prosecutor Wanjiru Waweru confirmed in court that she had received a preliminary mental assessment report indicating further tests were necessary.
Kariuki, who was charged on August 25, 2025, alongside Calvin Kinyanjui Kung’u, declined to take plea on two charges of copyright infringement. He claimed to have a mental condition that hindered him from responding to the charges.
The magistrate had ordered that Kariuki undergoes examination at Mbagathi District Hospital with the report due on August 28, 2025. However, Waweru explained that the report filed was inconclusive. Doctors at Mbagathi have requested further examination on September 4, 2025.
“We have received an inconclusive report from Mbagathi District Hospital and request that the accused be returned for further examination. We will file a complete report on whether the accused is mentally fit to plead to the charges,” Mr Waweru told the court.
Kariuki’s lawyer did not oppose the re-examination but asked that his mother be present during the session to corroborate his information. He also applied for bond, arguing that the charges fall under the Copyright Act, which carries a penalty of Sh10,000 upon conviction.
He urged the court to grant reasonable bond terms, saying Kariuki was not a flight risk.
In his ruling, Magistrate Onsaringo allowed the request for further examination with the participation of NMG’s doctor. He ordered Kariuki to deposit a cash bail of Sh100,000 with one contact person and fixed the case for mention on September 8, 2025, when a conclusive mental report will be filed.
Kariuki is accused of distributing copies of NMG’s publications — the Daily Nation, Taifa Leo, Business Daily and The East African — without consent, contrary to Section 38(1)(c) as read with Section 38(4) of the Copyright Act, 2001. The alleged offences occurred between June 3 and July 10, 2025, at an unknown location in Kenya.
Kung’u, his co-accused, denied two charges of copyright infringement and was released on Sh500, 000 bond or alternative cash bail of Sh100, 000.
