The High Court has directed the Deputy Registrar of the High Court to facilitate a psychiatric evaluation for Kennedy Kalombotole at Kenyatta National Hospital following concerns over his mental fitness to stand trial.
The order was issued after the prosecution informed the court that the accused had not yet undergone a government-sanctioned mental assessment to determine whether he is fit to plead to the charges.
“An order be issued for the accused to be escorted to Kenyatta National Hospital for assessment. The Deputy Registrar should liaise with prison authorities to book an appointment with a psychiatrist at KNH,” said justice Kadveza
She further ordered prison officers to accompany the accused for the evaluation and that a comprehensive medical report would be filed in court before the next mention date.
Kalombotole has not been formally charged for over eight months, a delay attributed to the absence of a government medical report, as the State’s psychiatric assessment process had not commenced.
The court heard that although the defence had presented a medical report indicating that the accused is unfit to stand trial, the report was not from a government facility as required by law.
The judge acknowledged that the defence report had been prepared by a qualified professor but maintained that the law requires an independent psychiatric assessment conducted at a government hospital.
The court was told that a fresh medical evaluation should be conducted at either Kenyatta National Hospital or Mathari National Teaching and Referral Hospital.
In her ruling, Justice Diana Kavedza directed that the accused remain in custody and continue receiving medication pending the outcome of the assessment.
“He stays where he is until he becomes well. Your client is in the best place, and that is where he should remain until he recovers,” the judge stated, adding that no prejudice would be occasioned by the delay.
The court emphasized that justice must take its course and that it would await a government medical report confirming whether the accused is indeed unfit to stand trial.
In an emotional remark, the judge posed, “Do you want a zombie in court?” underscoring the need to ensure that the accused is mentally fit before being presented for plea.
The prosecution requested that the matter be mentioned after one month to allow sufficient time for the psychiatric assessment and filing of the government medical report.
The judge also sent condolences be conveyed to the victims, assuring the court that justice would be served.
