Mbagathi Hospital Accused of Defying Court Order to Admit KNH Murder Suspect

A suspect in the Kenyatta National Hospital (KNH) murder investigation, Kennedy Kalombotole, remains under police guard at Mbagathi Hospital's casualty unit amid allegations that the institution is defying a court order mandating his admission for medical care. 

Kalombotole, who is implicated in the alleged murder of a fellow patient at KNH, reportedly collapsed and experienced convulsions over the weekend, prompting renewed calls for his immediate admission. His lawyer, Philip Maiyo, claims the hospital has refused to comply with the court directive, citing unspecified test results and asserting that inpatient care is not warranted.

Maiyo contends that the hospital's refusal violates Article 43 of the Kenyan constitution, which guarantees access to healthcare for all citizens, as well as undermining the court's authority. He insists that no formal medical report has been provided to justify the decision not to admit Kalombotole.

According to Maiyo, hospital staff initially declined admission on Friday, leading to a further deterioration in Kalombotole's condition on Saturday evening. Despite the severity of the episode, which involved a collapse and convulsions, the hospital allegedly maintained its position, insisting that the suspect could be managed within the casualty unit and subsequently discharged.

"The court order is clear. Despite this, the hospital has refused to comply," Maiyo said. "On Saturday, we pressed again for admission, but the officer in charge declined."

Maiyo further alleges that Mbagathi Hospital disregarded recommendations from other medical professionals who advised immediate admission. He accuses the hospital's administration of prioritising institutional reputation over its ethical and legal duty to provide adequate medical care. Maiyo says that the hospital administration's medical opinion cannot supersede the court order.

While the hospital’s chief executive officer reportedly claimed in a televised interview that Kalombotole had been admitted, Maiyo refuted this, stating that Kalombotole continues to be held in the casualty ward. He adds that hospital staff have repeatedly insisted that the suspect should leave, but police officers assigned to guard him have refused to return him to custody, leaving him in a state of limbo.

"He is not admitted. Staff at the casualty insist that he should leave. He remains there because the police will not take him back," Maiyo confirmed.

Kalombotole had been ordered by the court to be held for ten days while investigations into the alleged murder continue. At the time of the incident, he was receiving treatment at KNH. Maiyo has stressed that Kalombotole's legal status should not be a barrier to receiving appropriate medical treatment. 

"Kalombotole remains innocent until proven guilty. He has not been formally charged and deserves to be treated like any other Kenyan," he said. "If the hospital disagrees with the court order, they should apply for it to be varied—but only after complying."