On 15th December 2025, participating as the 1st Interested Party, KELIN appeared before Justice Julius K. Ngárngár at the High Court at Bomet for Mention for directions in 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).The Court has directed that judgement will be delivered on 18th March 2026.
This case raises critical questions on 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).General Comment 14 of the Committee on International Covenant on Economic, Social and Cultural Rights affirms that States must ensure timely and appropriate health care and access to life-saving interventions in emergency situations. Emergency medical care obligations are immediate and non-derogable as stated in the case of LLN v Pumwani Maternity Hospital (2025) KEHC 11881 and Charles Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape Case CCT 185/14failure to which it leads to the violation of the right to life, human dignity, the highest attainable standard of health and not to be denied emergency treatment.
In the Bomet case, KELIN situates the late Diana’s death within broader and persistent systemic failures in emergency medical care and referral systems in Bomet County, Kenya arguing that her death was preventable and resulted from constitutional and statutory violations. In submissions filed on 14th November 2025, following hearing on 8th and 9th October 2025, KELIN’s highlighted the following key issues for determination:
- Whether Longisa Referral Hospital failed to provide emergency treatment thereby violating the deceased’s right to life, human dignity, the highest attainable standard of health and not to be denied emergency treatment
- Whether Longisa Referral Hospital violated the deceased’s right to fair administrative action by failing to act in an expeditious, efficient, lawful, and procedurally fair manner.
- Whether Longisa Referral Hospital met the constitutional and statutory obligations required of a Level 4 Hospital
- Whether the County Government of Bomet bears liability for the violations of rights in the petition.
- Whether the Honourable Court should grant structural orders compelling the Respondents to improve the provision of timely emergency medical care in Bomet county
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.
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
