The prosecution has informed the court that it has yet to receive a medical report from Kenyatta National Hospital (KNH) regarding the mental status of accused Kennedy Kalombotole, who faces allegations of killing two patients at KNH in February and July 2025.
Dispute Over Medical Reports
Although the defence presented a psychiatric evaluation declaring Kalombotole unfit to stand trial, the court noted the report was not from a government facility as required by law. The prosecution emphasized that while the report was prepared by a qualified professor, an independent psychiatric assessment from a government hospital is legally mandated.
The court directed that a fresh evaluation be conducted either at KNH or Mathari National Teaching and Referral Hospital.
Court’s Position
Judge Diana Kavedza ordered that Kalombotole remain in custody and continue receiving medication, stressing that justice must take its course only after a government medical report is filed.
“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 said, adding, “Do you want a zombie in court?”
The court underscored that the accused should not be presented in an unwell state and allowed time for proper medical evaluation and treatment.
Next Steps
The prosecution requested that the matter be mentioned after one month to allow sufficient time for psychiatric assessment and filing of a government medical report. The judge directed that prison authorities escort Kalombotole to KNH for examination, with a psychiatrist to liaise with prison officials to schedule the evaluation.
A comprehensive medical report is expected to be filed before the next mention date.
Case Delays
Kalombotole has not been formally charged for over eight months, with delays attributed to the absence of a government medical report. The State’s assessment process has yet to commence, prolonging the judicial proceedings.
Conclusion
The case highlights the critical role of government-certified medical evaluations in determining an accused’s fitness to stand trial. As the court awaits KNH’s report, the balance between justice, due process, and the rights of the accused remains at the forefront of this ongoing matter.
