KNH murders suspect Kalombotole fit for trial, court rules

KNH murders suspect Kennedy Kalombotole arrives at Kilimani Police Station after going through mental and health assessment tests at KNH on July 18, 2025 [Elvis Ogina, Standard] The High Court in Nairobi has deferred the date for Kennedy Kalombotole, the Kenyatta National Hospital murders prime suspect, to answer charges after his lawyers questioned a medical report on his fitness to stand trial. A medical report presented before Justice Diana Kavedza indicated that Kalombotole was fit to answer to murder charges of Edward Maingi Ndegwa and Gilbert Kinyua Muthoni, who were patients at KNH. Nevertheless, his lawyers said the report had gaps as it concentrated on his well-being and not his mental state. His legal team, comprising Philip Maiyo, Zephania Achapa and Joshua Ombengi, asserted that the report had not complied with the law as the examining doctor had not indicated if he had specialised in mental health. Asked if they had an alternative report, Maiyo said no doctor was willing to carry out the tests. "The report does not conform with the law as it does not indicate there is a special skill by the doctor. It is just a name and the medical officer's number. The conclusion does not tell us about his mental state," argued Maiyo. Maiyo explained that their bid for another report was out of concern that Kalombotole was not mentally fit. He said even in public, people were asking how and why he was representing a mentally ill person. Achapa said he doctor concentrated on his client's diabetes and convulsions. "It is a medical report and not an assessment, it is about diabetes and convulsions. The issue raised boils down to the trial. It is about ticking of the boxes but there is nothing that shows this person is mentally fit to stand trial. The court ought to proceed cautiously so that it does not find itself to have missed some critical elements," argued Achapa. On the other hand, the Director of Public Prosecution, Renson Ingonga urged the court to proceed with the exercise. Kui Githinji, the prosecutor, representing the DPP, said the government had done its best to find a medical doctor who was willing to carry out the crucial test. She said that it was clear that the 40-year-old was fit to stand trial. According to Githinji, the issue of whether Kalombotole was mentally fit ought to come after he had taken plea. "The medical report is from a medical doctor who confirms that he is fit to take a plea. The first thing we should proceed is to take a plea, then any other issues to be raised can be canvassed. They are not telling us if there is anything wrong with the person. The State has gone to a great extent to facilitate mental assessment. I pray we proceed to plea taking. Any allegations raised should be proved and should not be mentioned off the cuff," argued Githinji. Muthoni's family lawyer, Denis Maina, said the process had taken time before kicking off. He argued that the victims had a right to have the case moving.

KNH murders suspect Kalombotole fit for trial, court rules

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KNH murders suspect Kalombotole fit for trial, court rules

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