The Office of the Director of Public Prosecutions (ODPP) is facing serious criticism for failing to act on clear recommendations made by the Directorate of Criminal Investigations (DCI) to prosecute Kennedy Kalombotole for the murder of Gilbert Kinyua Muthoni.
This tragic incident happened on the night of February 6, 2025, inside Kenyatta National Hospital (KNH), a place that should guarantee patient safety.
According to a detailed DCI report dated June 30, 2025, Kalombotole, who shared a hospital room with the victim, was identified as the main suspect, and investigators recommended that he be charged with murder.
Despite the report, the ODPP did not take any immediate action.The delay has raised major concerns, especially after a second murder happened at the same hospital just 17 days after the DCI submitted its findings.
This second killing might have been avoided if the ODPP had acted sooner. The DCI’s investigation into Gilbert’s death included testimonies from the nurse on duty, hospital security, doctors, and the victim’s family.
Nurse Sharon Chepchieng stated that on the night of February 6, she gave both patients their medication at around 9 p.m. When she returned to the room the next morning at 5:50 a.m., she found blood on Gilbert’s blanket and discovered that his throat had been slit.
The evidence collected by investigators pointed strongly to Kalombotole. Blood droplets were found leading from Gilbert’s bed to Kalombotole’s, and a pair of black sandals in his possession were slightly stained with human blood.
A plastic knife recovered from the scene was confirmed to be the murder weapon. The DCI was clear in its recommendation that Kalombotole be charged based on the physical evidence and witness accounts, even though no one saw the act itself.
Despite the thorough investigation, the ODPP took no immediate steps. Then came the shocking news of Edward Maingi Ndegwa’s murder again at KNH and in the same brutal way.
Like Gilbert, Edward’s throat was slit while he was in his hospital bed. The similarity between the two murders raised fears that a pattern had emerged, and that the second death could have been prevented if the ODPP had acted quickly on the first report.
Following public pressure and outrage, Kennedy Kalombotole was finally arraigned in court. During his first appearance, he remained silent, though police confirmed that he was mentally fit and could communicate.
The High Court has now ordered a mental health assessment at Mbagathi Hospital before the case proceeds. Until then, Kalombotole will remain in custody at Nairobi Remand Prison.
The court has also ordered that he receive special medical care for his diabetes, with supervised insulin treatment and a ban on handling needles.
This case has exposed a dangerous gap in Kenya’s justice system. When investigative agencies do their work and make clear recommendations, delays in prosecution can have deadly consequences.
It is the responsibility of the ODPP to ensure that justice is not only done but done in time to prevent further harm. The public deserves answers, and victims like Gilbert Kinyua and Edward Ndegwa deserve justice.
