The High Court in Kibera will on October 22, 205 rule on whether a fresh psychiatric examination should be carried out on Kennedy Kalombotole, who is facing charges of killing patients at Kenyatta National Hospital (KNH).
Kalombotole is accused of murdering patients at the referral facility, including one in Ward 7C in February and another in Ward 7B in July 2025.
He remains in custody pending plea taking.
On Tuesday, defence lawyers Cheruiyot, Ombegi and Kachapa challenged the mental assessment report filed in court, which found Kalombotole fit to plead.
They argued that the document was superficial and failed to provide details of the evaluation process.
According to them, the expert evidence must demonstrate the examiner’s skill and scientific process
“My lady, what we have before this court is a series of ticked boxes. It does not explain how long the accused was examined, the criteria applied, or the doctor’s reasoning,” argued the defence.
“You must instruct the court in the criteria of their science or art so that the court may itself test the accuracy of the opinion and also form its own independent opinion by applying the criteria to the facts proved.”
The defence now want the court to order a new, more comprehensive assessment, preferably at a referral facility, before the plea can be taken.
“I therefore pray that we make orders to the effect that a proper mental health assessment be conducted on the accused before plea taking,” said Cheruiyot.
The victims through their lawyer Dennis Maina however opposed the application.
Maina urged the court to prioritize the rights of the deceased’s family.
“A medical report declaring the accused fit to plead is already before this court. There is no counter-report from the defence. This matter should not be delayed further,” he argued.
The prosecution on their end, argued that the defence had neither challenged the doctor’s qualifications nor presented an alternative opinion.
“The assessment is adequate for the purpose of plea-taking,” the state submitted.
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