The High Court has allowed murder suspect Kennedy Kalombotole to undergo a fresh mental examination by a private psychiatrist.
This follows earlier objections raised by his defence team over an earlier report declaring him fit to stand trial.
When the matter came up for mention before Justice Diana Kavedza on Wednesday, the court noted that there was no legal barrier preventing the defence from seeking an independent mental evaluation outside government facilities.
Kalombotole, a suspect in the murder of two patients at Kenyatta National Hospital (KNH), is represented by lawyer Philip Maiyo Cheruiyot, who had earlier challenged the credibility and depth of the initial mental assessment.
The report, issued by a government psychiatrist, had found the accused mentally fit to take a plea — a finding the defence argued was superficial and lacking detail on how the conclusion was reached.
Justice Kavedza told the defence that while the court could not compel a referral to a specific facility, they were at liberty to engage a psychiatrist of their choice from private hospitals.
“Nothing bars you from engaging a private psychiatrist. You challenged the one the court had received, so kindly have your client subjected to an independent, non-government psychiatrist,” Justice Kavedza directed.
The judge further noted that the court had ceased referring accused persons to Mbagathi Hospital for mental examinations.
Instead, they were now sending suspects to Kenyatta National Hospital for assessments, given that Mathari National Teaching and Referral Hospital requires an official referral.
“Mbagathi has ceased from examining our clients, so we are now sending them to KNH.
Given that the offence was allegedly committed at KNH, I have no authority to refer the suspect to Mathari. Only Mbagathi, KNH, or Mama Lucy Hospital can refer,” the judge explained.
Justice Kavedza added that the defence was free to consult psychiatrists from private institutions, provided they submitted a professional report to the court once the assessment was completed.
“You can challenge the mental report, but be at liberty to go to Nairobi’s Doctors Plaza, Aga Khan Doctors Plaza — choose and look for a psychiatrist outside the government to take the suspect. Please choose one,” she said.
The directive follows sustained objections by Kalombotole’s legal team, who claimed that the earlier government-issued report was based on a brief evaluation and failed to capture the accused’s true mental state.
They had argued that an independent assessment was necessary before plea-taking to safeguard the integrity of the trial.
The case will be mentioned again on Thursday, October 23, 2025, for further directions on the independent examination.
