KNH murder case: Kalombotole's defence challenges mental report

The plea-taking of Kennedy Kalombotole, the prime suspect in the murder of two patients at Kenyatta National Hospital (KNH), has once again stalled after his defence team challenged the mental assessment report declaring him fit to stand trial.

When the matter came up before Justice Diana Kavedza on Tuesday, the prosecution informed the court that the mental assessment report was ready and confirmed that the accused was mentally fit to proceed to plead to the charges.

However, Kalombotole’s defence team objected to the report, questioning its format, substance, and the credentials of the doctor who prepared it.

According to the defence lawyers, the document presented in court consisted mainly of checkboxes with little explanation of how the medical conclusions had been reached.

They argued that a proper mental evaluation requires a detailed report indicating the period of examination, the methodology applied, and the clinical observations made by the medical officers.

“The report before us appears shallow. It merely ticks boxes without stating how long the accused was observed or what processes were followed to arrive at the conclusion,” the defence submitted.

The lawyers further noted that mental evaluations in criminal proceedings are not a mere formality but a substantive safeguard to ensure the accused is genuinely capable of understanding the proceedings and mounting a proper defence.

They insisted that in Kalombotole’s case, there had been suggestions, even from officers interacting with him in custody, that he may not be fit to stand trial.

"We must be deliberative and substantive and pray that orders for a proper mental assessment report be made before plea-taking,” the defence argued.

Justice Kavedza asked the defence if the suspect, in their personal view, was okay to stand trial.

The lawyers declined to give a straightforward answer, instead stressing that the matter could only be addressed through a comprehensive assessment.

The prosecution, on the other hand, opposed the defence’s objections, insisting that the assessment declaring Kalombotole fit for trial was sufficient and procedurally sound.

Counsel Denis Maina urged the court to disregard the defence objections, stressing that the trial should not be delayed unnecessarily.

“We need to cut through legalese and have this matter commence, for the rights of the victims,” he submitted.

Prosecutor counsel Gikui Gichuhi emphasised that the medical report was clear and sufficient.

“The doctor said he is fit to plead. The reasons by the defence are not grounded. They haven’t specified any issues of concern with the accused, only that they are not satisfied,” she told the court, adding that the State was ready to proceed with plea-taking.

Nonetheless, the defence maintained that the court should order a new, more detailed assessment before any plea is taken.

They prayed for directions, compelling the preparation of a comprehensive report.

After listening to both sides, Justice Kavedza deferred Kalombotole’s plea.

She noted that she had not yet had the opportunity to examine the Court of Appeal authority cited by the defence and acknowledged that there may be gaps in the manner in which it had been relied upon.

“I will need time to come up with an elaborate ruling. I have not had occasion to look at the Court of Appeal ruling that has been relied on,” Justice Kavedza said, before pushing the matter to October 27.

The deferment prolongs the wait for the formal commencement of the trial.