Independent Medico-Legal Unit & Joan Cherotich vs Longisa County Referral Hospital & 4 others Petition E002 of 2025

This petition is against Longisa County Referral Hospital, the Medical Superintendent Longisa County Referral Hospital, the County Government of Bomet and the County Secretary Bomet County Government. It challenges the denial of emergency treatment by the 1st Respondent who is a Level 4 Hospital which led to the death of a minor represented by the 2nd Petitioner who is the guardian ad litem. The minor was stung by bees while playing with friends and was not attended to when taken to the hospital from 1.30 p.m. till 8.30 p.m. The staff requested payment for the ambulance fuel and referral amounting to Kshs 55,000. Due to the lack of finances, the 2nd Petitioner opted to use a taxi to take the minor to Tenwek Hospital. Unfortunately, the minor died on the way to the hospital. This is a violation of the constitutional rights as guaranteed under Articles 28, 26, 43(1)(a), 43(2) and 53(2). The Petition seeks the following orders; a declaration that the 1st to 4th Respondents violated the Petitioner’s rights as listed above, a declaration that the denial of emergency medical treatment by the Respondents amounts to torture, cruel and inhumane treatment contrary to Article 29(d), 29(f) and 53(1)(d) of the Constitution, a declaration that the failure to communicate or provide treatment for a period of about 7 hours is an affront to fair administrative action as provided under Article 47(1) of the Constitution, an order for general and aggravated including exemplary damages for breach of the constitutional rights and interests on the sums awarded.