Kilunda Lenguyana Mandiji alias Kilunti Mtalii: Delays in the doctor’s report hinder the progress of the defilement case.

Defilement suspect Kilunda Lenguyana Mandiji alias Kilunti Mtalii in Milimani court

A man who is allegedly accused of defiling 20 minors in the Marurui area in Roysambu has been detained in custody awaiting the doctor to appear in court for an explanation of the confusion arising in the medical report.

The defense lawyer Sam Nyaribo submitted before the Milimani Chief Magistrate Bernard Ochoi praying that the doctor who assessed Kilunda Lenguyana Mandiji alias Kilunti Mtalii be sermoned to explain the confusion arising in the medical report dated October 9, 2024,

“Your honor I have perused the medical report and there are some explanations need to be clarified by a professional doctor before the accused takes plea,” the lawyer submitted.

According to the lawyer, the said medical report indicated that the suspect was fit to face charges but there was one month of medication prescribed by the doctor and the accused was supposed to start taking drugs for one month.

He stated that the suspect immediately started medication while in custody but after two days the medicines were taken away by police.

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

State prosecutor Victor Owuor opposed the submissions by the defence 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 later during the hearing and the proceeding of the matter. The fact is the assessment has been carried out and the suspect is fit for trial,” Owuor submitted.

He added that the said medication was intended to continue for one month but was withdrawn at the police station after two days and he could not tell the kind of medication or its purpose.

He urged the magistrate to continue with the plea-taking since no contradiction regarding his mental capacity to be charged.

In his ruling, the magistrate noted the content in the medical report citing that there was medication intended to take one month but no description followed to indicate the treatment,

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

He also noted that the medicines prescribed by mental facility and the same cannot be ignored until a professional doctor confirms the type of treatment and what the treatment is about.

He sermoned the doctor to appear before the court on Thursday, October 17, 2024, for an explanation of the day the matter will be mentioned.

He ordered the suspect to be detained at the Industrial Area Police Station.