The High Court in Kibera has, for the second time, deferred the plea-taking of Kennedy Kalombotole, who is accused of killing patients at the Kenyatta National Hospital (KNH). The court is awaiting two further mental health reports to determine whether he is fit to stand trial.
Psychiatrists from KNH and a private doctor have been asked by the trial judge to examine Kalombotole and then file the mental health reports.
The fresh examination orders followed concerns raised by one of the victims’ lawyers over the impartiality of KNH in conducting a mental assessment on Kalombotole.
In the first mental health report from KNH presented to the court last month by the prosecution, Kalombotole was cleared to stand trial , but three lawyers raised concerns citing the issue of impartiality.
When Kalombotole appeared before the High Court, the defence and victims’ lawyers differed sharply on whether KNH was a suitable facility to evaluate the mental condition of the suspect, who is accused of killing a patient admitted at the country’s largest referral health facility.
Kennedy Kalombotole at the Kibera Law Courts.
Photo credit: Pool
The court heard that the suspect was in the process of undergoing a second evaluation at KNH, and the court was now awaiting a formal report.
The victims’ lawyers questioned whether the hospital could offer an impartial mental assessment given that the alleged offence occurred within its premises.
“KNH is perhaps not the best institution to guide the court on the wellness of the accused, considering the offence was allegedly committed there,” the victims’ lawyer told the court.
However, defence lawyers said it was ironic that the victims were the ones questioning the hospital’s neutrality.
They noted that if there was any reason to doubt the fairness of the assessment, it should come from the defence, not the victims.
In a ruling, the judge concurred with the defence lawyers and dismissed allegations of bias inferred on the part of KNH, saying professional integrity should be respected.
The judge noted that doctors at KNH were among the best-qualified specialists in the country and that questioning their impartiality without evidence would amount to undermining expert institutions.
“Are you trying to say that if I commit an offence, you would not trust any other judge to try me?” the judge posed.
“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 added that mental assessment is a continuous process that does not necessarily stop plea-taking, as an accused person’s mental condition can be reviewed at any stage of the trial.
“An assessment can be conducted, you take plea, then along the way you find that an accused person has developed mental issues. That does not stop them from taking plea,” the court said.
The court directed that the prison authorities facilitate a private doctor to assess Kalombotole at the Nairobi Remand and Correctional Centre and avail an independent report.
A separate report was also ordered to confirm whether the suspect has been suffering from seizures or epileptic attacks and to provide details of the treatment administered.
The court declined a request to have the suspect temporarily released to facilitate the independent medical review with ease.
“A place will be prepared for the examination within the prison, where medics are available,” the judge said.
The court ordered that Kalombotole be produced physically in court on November 13, 2025 for further directions, once the KNH report and the independent psychiatrist’s report are filed.
