A man who is accused of defiling 20 minors in Marurui area of Roysambu, Nairobi county has been detained in custody awaiting a doctor’s explanation on the confusion arising from the medical report in court. The defence lawyer Sam Nyaribo asked Milimani Chief Magistrate Bernard Ochoi to order that the doctor who assessed Kilunda Lenguyana Mandiji alias ‘Kilunti Mtalii’ be summoned to explain the confusion arising from the medical report dated October 9, 2024.

According to the lawyer, the said medical report indicated that the suspect was fit to face charges yet the doctor had recommended that he be put on medication for one month.

“Your honour, I have perused the medical report and there are some explanations which need to be clarified by a professional doctor before the accused takes plea,” the lawyer submitted, testifying that two days after the suspect started his medication, police came and took away his drugs.

The lawyer told the magistrate that he could not tell the kind of medication prescribed and what was being treated hence the need for a doctor to describe the relationship between the medication and the accused being fit for trial.

Fit for trial

State prosecutor Victor Owuor opposed the submissions, indicating that the medical report was already in court indicating that the accused is fit to face charges.

“Your honour, the expert can be called during the hearing. The fact is that the assessment has been carried out and the suspect found fit to stand trial,” Owuor countered.

He added that the said medication was intended to continue for one month but was withdrawn at the police station after two days, urging the magistrate to continue with the plea-taking since there was no contradiction regarding the suspect’s mental capacity to be charged.

In his ruling, the magistrate said he was unable to discern what the accused was being treated for and whether it could affect his plea.

“Although the doctor’s report indicated that the suspect is fit to face charges, there is prescribed medication intended to take one month, I cannot tell what was the treatment and whether it can affect him ,” the magistrate stated.

He summoned the doctor to appear before the court on Thursday to explain the questions regarding the accused’s nature of treatment and medication. He ordered the suspect to be detained at Industrial Area Police Station.