In a move hailed as a responsible balance between justice and mental health care, a Kibera court has ordered the transfer of Kennedy Kalombotole, a suspect in two high-profile murders at Kenyatta National Hospital (KNH), to Mbagathi Hospital for medical observation and specialized care.
The ruling, delivered on Thursday by Magistrate Daisy Mutai, followed submissions from both the prosecution and defence highlighting Kalombotole’s deteriorating mental health condition.
The court determined that the suspect was “unfit for ordinary custody” and required continuous medical supervision, which could not be provided in a typical police cell setting.
“It is clear that the suspect is unwell. What I am gathering is that it is something that requires close monitoring,” said Magistrate Mutai, citing the urgent need for appropriate care aligned with constitutional rights and humane treatment of detainees.
Kalombotole, who is facing murder charges for the deaths of two patients at KNH in February and July 2025, had initially been held at Kilimani Police Station.
However, police officers testified that they lacked the medical capacity, dietary provisions, and security measures needed to manage his case effectively.
His defence lawyers, citing medical reports, strongly opposed continued detention at a police station and successfully petitioned the court to transfer him to a medical facility equipped to handle psychiatric cases.
While they proposed either Mama Lucy or Mbagathi hospitals, the prosecution objected to a return to KNH, where the alleged crimes occurred citing safety concerns for both patients and hospital staff.
In a reassuring step for both legal and health communities, Mbagathi Hospital known for its mental health unit was approved as the safest, most suitable location for Kalombotole’s detention and treatment.
Legal and human rights experts have welcomed the decision, calling it a progressive stance in the intersection of mental health, justice, and public safety.
“This sets a good precedent. The suspect is under the court’s jurisdiction, but his right to medical care must be preserved.
We commend the court for making a humane and lawful ruling,” said a representative from the Kenya National Commission on Human Rights (KNCHR).
The case remains ongoing, and the suspect will be monitored by medical professionals while under tight security.
The court is expected to receive a medical report from Mbagathi within 30 days to determine Kalombotole’s fitness to stand trial.
The development reflects a growing recognition of mental health as a key consideration in criminal justice, particularly in cases involving vulnerable individuals.
It also sends a strong message that while justice must be served, compassion and constitutional rights must not be compromised.
In a justice system often challenged by under-resourced facilities, this ruling demonstrates a measured, rights-based approach that prioritizes safety, care, and due process.
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