The courts once again postponed the plea-taking of Kennedy Kalombotole, the main suspect in the killing of two patients at Kenyatta National Hospital (KNH), on Thursday.
The High Court ordered a second mental assessment and directed officials to keep him at Nairobi Remand Prison while they await a detailed psychiatric report.
During yesterday’s hearing, one of the victims’ lawyers raised concerns about KNH’s ability to conduct an impartial mental assessment.
Lawyers representing the defence and victims clashed over whether KNH was a suitable facility to evaluate the suspect’s mental condition when they appeared before Justice Diana Kavedza at the Kibera High Court.
The court heard that Kalombotole was already undergoing a second evaluation at KNH and that officials were preparing a formal report. However, the victims’ side questioned whether the hospital could provide an impartial assessment since the alleged offences occurred within its premises.
Lawyer James Dennis Maina, representing one of the victims, told the court that KNH was an interested party in the matter and might not be the best institution to determine the suspect’s mental state.
“It is perhaps not the best institution to guide the court on the wellness of the accused, considering the offence was allegedly committed there,” said Maina.
Kalombotole’s lawyer, Philip Maiyo, however, dismissed the concerns, calling it ironic that the victims were questioning the hospital’s neutrality. He argued that if anyone had doubts about fairness, the defence should raise them, not the victims.
Justice Kavedza agreed, dismissing suggestions of bias and urging respect for professional integrity. She noted that KNH doctors rank among the country’s most qualified specialists and that questioning their impartiality without evidence would undermine confidence in expert institutions.
“Are you trying to say that if I commit an offence, you would not trust any other judge to try me?” she asked.
“Let’s respect professionals. If you, however, disagree with their report, we will send him to Mathari National Teaching and Referral Hospital. But for now, let’s wait for the report and see if it shows any bias or impartiality.”
The judge further noted that mental assessment is a continuous process that does not necessarily halt plea-taking, as courts can review an accused person’s condition at any stage of the trial.
Justice Kavedza also directed prison authorities to allow a private doctor to access the suspect at Nairobi Remand Prison for an independent mental examination, following defence concerns over the earlier report that declared him fit to stand trial.
She further ordered a separate medical report to determine whether Kalombotole suffers from seizures or epileptic attacks and to provide details of his treatment. However, the judge declined a request to temporarily release the suspect for the examination, saying authorities would arrange for the assessment within the prison.
“A place will be prepared for the examination within the prison, where medics are available,” she said.
The court ordered authorities to produce Kalombotole in court on November 13, 2025, for further directions once officials submit the KNH report and any independent assessments.
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