On 4 June 2025, KELIN appeared before the High Court at Bomet for 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, appearing as the 1st Interested Party, was ready to proceed with the hearing, including cross examining witnesses and advancing arguments on the systemic failures in emergency healthcare. However, the matter was adjourned following a request by the Respondent’s counsel. The Court was informed that the medical superintendent of the 1st Respondent was on annual leave and that the Respondents needed additional time to file witness statements.
The Petitioners’ counsel opposed the application, noting that the hearing date had been issued in open court and that all relevant documents were already on record. The Petitioners’ counsel further argued that Rule 20 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (commonly known as the Mutunga Rules) does not make witness statements a prerequisite for hearing in constitutional petitions. Moreover, no formal notice for the adjournment had been served on the parties prior to the hearing.
The Honorable Judge expressed concern over the repeated adjournments by the Respondent and issued a final warning, making it clear that no further delays will be tolerated. The Court allowed the adjournment, and the matter has been rescheduled to 16 July 2025 for hearing.
KELIN remains committed to participate and support this case aimed at addressing systemic gaps in emergency healthcare service delivery and ensuring accountability for violations of Constitution as under Article 43(1)(a), the right to the highest attainable standard of health and Article 43(2) on the right to emergency treatment.
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
