On 8th and 9th October 2025, KELIN appeared before Justice Julius K. Ngárngár at the High Court at Bomet for the hearing of Independent Medico-Legal Unit & Joan Cherotich (Suing as the administrator of the estate of Diana Chepngeno) (Deceased) vs Longisa County Referral Hospital & 4 others (Petition E002 of 2025).
KELIN participated in the proceedings as the 1st Interested Party, taking part in the cross-examination of both the Petitioners’ and Respondents’ witnesses. The case raises critical questions about the right to the highest attainable standard of health and the right to emergency medical treatment, as guaranteed under Articles 43(1)(a) and 43(2) of the Constitution of Kenya (2010).
KELIN’s cross-examination highlighted the lack of clear protocols governing emergency medical care in Bomet County. In particular, KELIN underscored the two-fold obligation of health facilities under Section 7 of the Health Act:
- Stabilizing the patient’s condition; and
- Arranging for timely referral where the facility lacks the capacity to provide adequate care.
In this case, the late Diana Chepngeno, aged three, was not stabilized upon arrival at Longisa County Referral Hospital. Simple life-saving interventions such as removing the stings and administering adrenaline were delayed for hours. Even after the hospital recognized its limited capacity, no timely referral was made. The child remained at the hospital from 1:30 p.m. to 8:30 p.m., after which her family sought treatment elsewhere. Tragically, she passed away en route.
The hearing exposed gaps in emergency response and referral mechanisms at Longisa County Referral Hospital, the highest public health facility in Bomet County. Notably, the hospital’s own investigation report acknowledged the need to streamline referral processes and indicated that its ICU unit is not yet functional.
Through this case, KELIN seeks court orders compelling the Respondents to develop, implement, and disseminate comprehensive emergency medical care guidelines and policies to ensure timely and effective response across Bomet County. This is part of KELIN’s broader commitment to strengthening accountability and advancing the constitutional rights to health and emergency medical treatment.
The matter will return to court on 17th November 2025 for directions on the judgment date.
For more information, please contact:
Melinda Mugambi
Advocate for the 1st Interested Party
Kuwinda Lane, Off Lang’ata Road
P.O Box 112 -00202 KNH Nairobi
Tel: +254 790 111578
Email: litigation@kelinkenya.org
