While postponing the trial of Kennedy Kalombotole, Justice Diana Kavedza said she would decide whether to call for a second opinion on his mental status, as requested by defence lawyer Joshua Ombengi.
“I urge this court to defer plea taking until we get a second opinion about Kalombotole’s mental fitness to stand trial,” Ombengi pleaded, citing several precedents requiring more than one medical opinion before a suspect is asked to respond to a capital offence that could result in a death sentence.
The defence team maintained that it was dissatisfied with the medical report presented on September 30, 2025, insisting that another evaluation must be conducted before their client could answer the charges filed against him.
Kalombotole was first arraigned in July, when the judge directed that he undergo a mental health assessment before being required to respond to the charges preferred by Director of Public Prosecutions Renson Ingonga.
However, when the case came up again on September 30, he was not ready to take a plea.
Kalombotole faces a murder charge over the death of 54-year-old Gilbert Kinyua Muthoni who was found dead at KNH’s Ward 7B on July 17, 2025. Investigators allege that the attack occurred shortly after visiting hours. The body was discovered at around 2pm the same day.
The late Gilbert Kinyua, who was tragically murdered in his hospital bed at Kenyatta National Hospital (right).
Photo credit: Bonface Bogita | Nation Media Group
In addition, detectives are probing Kalombotole over the death of another patient at the hospital on February 7, 2025, which is also being treated as murder though investigations are still ongoing.
Court records show that Kalombotole had previously been admitted to KNH on December 1, 2024, after experiencing seizures and was discharged two days later. His medical history also includes earlier treatment for the same condition at Nairobi Women’s Hospital.
As part of their investigation, police said they recovered several items suspected to be linked to the crimes, including a pair of blue slippers, a bloodstained bedsheet and a knife wrapped in gloves. The exhibits have been forwarded to the National Forensic Laboratory for analysis.
The prosecution has opposed the defence’s application for Kalombotole to be freed on bond, arguing that he has no fixed abode and poses a flight risk.
They further maintained that his release could jeopardise the case by enabling him to interfere with witnesses.
The judge agreed to defer plea taking to allow further clarification on the accused’s mental status, stressing the importance of ensuring he is fit to stand trial.
The case will be mentioned on October 22, 2025, when Justice Kavedza will rule on whether to accept the current report declaring Kalombotole fit to stand trial or order a fresh mental assessment before plea taking proceeds.
