Mbagathi Hospital ignoring court order to admit KNH murder suspect, lawyer claims
Philip Maiyo, the lawyer, said Kalombotole collapsed and began convulsing on Saturday night while in the hospital's care, but was still not admitted.
The lawyer representing Kennedy Kalombotole, the main suspect in the Kenyatta National Hospital (KNH) murder probe, has raised concern over the suspect’s deteriorating health, accusing Mbagathi Hospital of ignoring a court order to admit him for treatment.
Philip Maiyo, the lawyer, said Kalombotole collapsed and began convulsing on Saturday night while in the hospital's care, but was still not admitted.
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“On Saturday, around 8:00 pm, Kalombotole collapsed and began convulsing at the hospital. Yet, even then, they declined to admit him,” he said as reported by the Daily Nation.
According to him, the hospital had already refused to admit the suspect a day earlier, claiming that test results did not warrant admission, though no formal medical report was given.
“The court order is clear. Despite this, the hospital has refused to comply. On Saturday, we pressed again for admission, but the officer in charge declined,” he stated.
Maiyo added that the hospital disregarded opinions from other doctors who had advised that Kalombotole needed urgent medical attention.
He said the hospital insisted that the suspect could be treated at the casualty unit and discharged without being admitted.
“They claim their medical opinion supersedes the court order. This is not only incorrect but also dangerous,” Maiyo noted.
Kalombotole is currently confined to the casualty ward under armed police guard, with officers declining to take him back into custody.
The lawyer refuted claims made by the hospital’s chief executive in a television interview that the suspect had already been admitted.
“He is not admitted. Staff at the casualty insist that he should leave. He remains there because the police will not take him back,” he said.
Maiyo criticised the hospital for prioritising image management over its duty of care, saying the suspect's constitutional rights under Article 43, which provides access to medical services, were violated.
“Kalombotole remains innocent until proven guilty. He has not been formally charged and deserves to be treated like any other Kenyan. If the hospital disagrees with the court order, they should apply for it to be varied, but only after complying,” he said.
Last week, the court allowed police to hold Kalombotole for 10 more days as investigations into the murder of another patient at KNH continue. He had been receiving treatment at the time of the alleged incident.
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