The health of Kennedy Kalombotole, the prime suspect in the killing of two patients at Kenyatta National Hospital (KNH), is deteriorating rapidly, his lawyer Philip Maiyo has revealed.
Maiyo claims that Mbagathi Hospital has repeatedly refused to admit Kalombotole, despite a valid court order directing his admission. Instead, the hospital has allegedly issued inconclusive test results and failed to provide a comprehensive medical report.
“On Saturday at around 8 p.m., Kalombotole collapsed and began convulsing at the hospital. Yet even in that critical condition, they still refused to admit him,” Maiyo said as quoted by the Daily Nation on Monday.
He explained that on Friday, doctors at Mbagathi evaluated Kalombotole and declared him unfit for admission, citing unspecified test results. However, the hospital did not produce a formal doctor’s report, even though several physicians had examined the patient.
“The court order is clear,” Maiyo said. “But despite this, the hospital has refused to comply. On Saturday, we pressed again for admission, but the officer in charge declined.”
According to the lawyer, the hospital’s Medical Superintendent also refused to authorize admission, even after being contacted by phone and made aware of the severity of Kalombotole’s medical episode. The superintendent reportedly maintained that Kalombotole did not meet the criteria for inpatient care.
Maiyo further accused hospital administrators of ignoring recommendations from attending doctors who advised immediate admission. Instead, the administration insisted on treating Kalombotole in the casualty unit before discharging him, a move Maiyo described as a direct violation of the court’s directive.
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“They claim their medical opinion overrides a court order. This is not only incorrect but also dangerous,” he said.
Kalombotole remains under armed police guard in the hospital’s casualty ward. According to Maiyo, police officers refused to return him to custody, fearing he might die under their supervision.
Maiyo also dismissed claims made by the Mbagathi Hospital CEO during a local TV interview that Kalombotole had been admitted. “He is not admitted,” Maiyo insisted. “Staff at the casualty insist he should leave. He remains there solely because the police will not take him back.”
The lawyer accused Mbagathi Hospital of prioritizing its reputation over medical ethics, warning that the facility is denying Kalombotole his constitutional right to healthcare under Article 43.
“Kalombotole remains innocent until proven guilty. He has not been formally charged and deserves to be treated like any other Kenyan,” Maiyo said.
He argued that if the hospital disagreed with the court order, it should first comply and then apply to have it reviewed. “If the hospital disagrees with the court order, they should apply for it to be varied but only after complying,” he argued.
