The prosecution told a court that it had yet to receive a medical report from Kenyatta National Hospital (KNH) regarding the mental status of an accused person.
Kennedy Kalombotole is accused of killing two patients at KNH in February and July 2025.
The court heard that although the defence had presented a medical report indicating that the accused is unfit to stand trial, the report was not from a government facility as required by law.
Lawyers for the prosecution submitted that while the defence report was prepared by a professor, and there is no doubt that he is a qualified and learned doctor, the law requires an independent psychiatric assessment from a government hospital.
The court heard that a fresh medical evaluation should be conducted either at KNH or Mathari National Teaching and Referral Hospital.
The court directed that the accused remain in custody and continue 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,” Judge Diana Kavedza said.
She added that there is no prejudice occasioned in the matter.
The court noted that justice must take its course and that it will await a government report confirming whether the accused is indeed unfit to stand trial.
The judge posed, “Do you want a zombie in court?”
She emphasized that the accused should not be presented before the court in an unwell state.
The court allowed time for proper medical evaluation and treatment.
The prosecution requested that the matter be mentioned after one month to allow sufficient time for psychiatric assessment and for the filing of a government medical report.
The judge also asked that condolences be conveyed to the victims, assuring the court that justice will be done.
The court subsequently directed that an order be issued for the accused to be escorted to Kenyatta National Hospital for assessment.
A doctor will liaise with prison authorities to book an appointment with a psychiatrist at KNH.
Prison officers will accompany the accused for the examination, after which a comprehensive medical report will be filed in court before the next mention date.
Kalombotole has not been formally charged for over eight months, a delay attributed to the absence of a government medical report, as the State’s assessment process has not yet commenced.
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