Mbagathi Hospital Accused of Ignoring Court Order on Suspect's Care

• Jul 29, 2025

The lawyer for a suspect in the Kenyatta National Hospital (KNH) murder investigation has accused Mbagathi Hospital of defying a court order to admit his client, despite his worsening health condition. According to the lawyer, Philip Maiyo, the suspect—Kennedy Kalombotole—collapsed and began convulsing on Saturday night while at the hospital, yet doctors still refused to admit him.

Maiyo said the incident happened around 8:00 p.m. on Saturday, and despite the emergency, hospital staff declined to comply with the court order that required Kalombotole to be admitted for medical care. “Even after he began convulsing, they still refused to admit him,” Maiyo said, as reported by the Daily Nation.

He further claimed that on the previous day, Mbagathi Hospital had also turned Kalombotole away, arguing that his test results did not support an admission. However, no official medical report was issued to explain that decision.

“The court order is clear,” Maiyo said, insisting that the hospital was not only ignoring the court’s directive but also overlooking professional opinions from other doctors who had recommended immediate admission. He added, “They claim their medical opinion overrides the court order, which is not just incorrect—it’s dangerous.”

Kalombotole is currently confined to the hospital’s casualty unit under armed police guard. Police officers at the facility have reportedly declined to return him to custody, leaving him in a state of legal and medical limbo.

Maiyo also pushed back against statements made by Mbagathi Hospital’s chief executive in a television interview, which suggested that Kalombotole had already been admitted. “That is false. He’s still in the casualty unit, and staff have asked him to leave. He’s only there because the police won’t take him back,” he clarified.

The lawyer accused the hospital of putting public image ahead of patient care and said Kalombotole’s constitutional rights under Article 43—which guarantees access to health services—had been violated.

“Kalombotole is still innocent until proven guilty. He hasn’t even been formally charged and should be treated like any other Kenyan,” Maiyo said. “If the hospital disagrees with the court order, it should first comply, then apply to have it changed.”

Last week, the court extended Kalombotole’s detention by 10 days as police continue to investigate the death of another patient at KNH. At the time of the alleged incident, Kalombotole was also undergoing treatment at the facility.