The High Court in Kibera has ordered a second mental evaluation for Kennedy Kalombotole, accused of killing a fellow patient at Kenyatta National Hospital, to determine if he is fit to face trial.
Lady Justice Diana Kavedza directed that a KNH psychiatrist be allowed into Nairobi Remand Prison for the assessment before formal murder charges are filed.
Kalombotole, who had been admitted to KNH since December 1, 2024, is accused of murdering fellow patient Edward Maingi Ndegwa, who was admitted to Ward 7B, Group C (Male) on July 11, 2025.
The court was informed on Thursday that the accused, who has been receiving treatment for multiple medical conditions, required further psychiatric evaluation before any formal charges could proceed.
Justice Kavedza also instructed prison authorities to ensure that the accused continues to receive his diabetic medication while in custody, stressing that his ongoing medical care must not be interrupted.
The case, which has drawn public attention due to the unusual nature of the incident, a patient allegedly killing another within a hospital ward, is being prosecuted by Senior Assistant Director of Public Prosecutions, Gikui Gichui.
Gichui told the court that the second assessment is necessary to establish Kalombotole’s mental state and capacity to participate in legal proceedings.
“The psychiatric evaluation will provide clarity on whether the accused is fit to stand trial,” she said, noting that the prosecution aims to ensure fair trial standards are upheld in line with the Constitution.
Justice Kavedza set the matter for mention on November 13, 2025, when the court will review the psychiatric report and decide whether the accused should be formally charged with murder.
The incident at Kenyatta National Hospital raised questions about patient safety and mental health management within public health institutions.
Although the court did not delve into the broader institutional issues, it emphasized that the legal process must take into account both justice for the deceased and the mental condition of the accused.
The Office of the Director of Public Prosecutions (ODPP) reiterated its commitment to ensuring justice is pursued in accordance with due process.
Through its social media handle, the ODPP noted that the matter is being handled with sensitivity and professionalism, underlining the principle of "Haki na Usawa", justice and equality before the law.
As the case proceeds, the focus will remain on establishing the accused’s mental capacity and ensuring that his health needs are adequately met while in remand.
The court’s decision on November 13 is expected to set the next course of legal action, including the possible filing of a formal murder charge.
