Family casts doubt on KNH’s neutrality in Kalombotole mental assessment
Justice Diana Kavedza ordered that Kennedy Kalombotole remain in custody at the Nairobi Remand Prison pending the completion of a second psychiatric evaluation and submission of a comprehensive report.
The plea-taking of Kennedy Kalombotole, the prime suspect in the Kenyatta National Hospital (KNH) murder case, has been postponed once again after the High Court directed that a fresh mental assessment be carried out.
Justice Diana Kavedza, sitting at the Kibera High Court, on Thursday ordered that Kalombotole remain in custody at the Nairobi Remand Prison pending the completion of a second psychiatric evaluation and submission of a comprehensive report.
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The court was told that Kalombotole is undergoing a second mental examination at KNH following earlier questions about his fitness to stand trial.
However, one of the victims' families expressed concerns over the hospital's impartiality, arguing that it might not provide an objective assessment since the alleged murder occurred within its premises.
Lawyer James Maina, representing one of the victims, told the court that KNH's involvement in the case as the scene of the alleged offence could create a conflict of interest.
"It would not be fair for KNH to evaluate the accused's mental status when the alleged crime took place there. The hospital is, in a way, an interested party," Maina argued.
The defence, led by lawyer Philip Maiyo, opposed the application, saying it was misplaced for the victims to question the neutrality of the institution. He argued that any reservations regarding the fairness of the assessment should come from the defence, not the victims.
In her ruling, Justice Kavedza dismissed claims of bias, noting that doctors at KNH are highly qualified professionals whose integrity should not be doubted without concrete evidence.
"Let's respect professional expertise. If later the report appears questionable, we can consider referring the accused to Mathari National Teaching and Referral Hospital," she stated.
The judge further observed that mental assessment is an ongoing process that can continue even after plea-taking, emphasising that the court must balance both the accused's rights and the need for justice to proceed.
Justice Kavedza also directed that a private doctor be allowed access to the accused at the Nairobi Remand Prison to carry out an independent evaluation. The report should indicate whether Kalombotole suffers from seizures or epileptic episodes and the treatment he has received.
The court declined a request to temporarily release the suspect for examination, instead directing that the assessment be conducted within the prison facility.
Kalombotole is expected to appear in court again on November 13, 2025, when both the KNH and independent medical reports will be tabled for further directions.
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