The prosecution has told the court that it is still waiting for an official psychiatric report from Kenyatta National Hospital regarding the mental fitness of the accused, Kennedy Kalombotole. Kalombotole is suspected of killing two patients in separate incidents at the referral facility in February and July 2025. During proceedings, the court heard that the defence had already presented a medical report declaring the accused unfit to stand trial. However, the prosecution objected to its admissibility, arguing that the assessment was not conducted at a government facility as required by law. State counsel acknowledged that the report was prepared by a highly qualified professor but maintained that legal standards demand an independent psychiatric evaluation from a public hospital. The prosecution proposed that a fresh assessment be carried out at either Kenyatta National Hospital or Mathari National Teaching and Referral Hospital to establish the accused’s mental status.
Court Orders Continued Custody and Treatment
Presiding Judge Diana Kavedza directed that the accused remain in custody while continuing to receive medication.
He stays where he is until he becomes well. Your client is in the best place, and that is where he should remain until he recovers,” the judge ruled, noting that no party would suffer prejudice.
Diana KavedzaThe court emphasised that due process must be followed and that proceedings cannot move forward without a government-issued mental assessment confirming whether the accused is fit to stand trial. In an emotional remark underscoring the seriousness of the matter, the judge questioned the logic of proceeding while the accused is unwell, stressing that the court must first be satisfied about his mental capacity.
Fresh Psychiatric Evaluation Ordered
The court granted time for a comprehensive psychiatric examination and directed that arrangements be made for the accused to be escorted to Kenyatta National Hospital for assessment. Under the order:
- A doctor will coordinate with prison authorities to schedule a psychiatric appointment.
- Prison officers will escort the accused for evaluation.
- A detailed medical report will be prepared and filed before the next court mention.
Case Delay Over Medical Report
The court also heard that Kalombotole has not been formally charged for more than eight months. The delay has been attributed to the absence of a government psychiatric report, with the State’s assessment process yet to begin. The prosecution requested that the matter be mentioned again after one month to allow adequate time for examination and report filing. Judge Kavedza also extended condolences to the victims’ families, assuring them that justice will ultimately be served once all legal and medical requirements are met.
