The High Court in Bomet has postponed delivery of judgement in a petition arising from the death of Diana Chepngeno, a case that raises important questions about access to emergency medical care in Kenya.
KELIN participated in the matter as the 1st Interested Party. When the case came up for judgement before Justice Julius K. Ngárngár on 18th March 2026, the Court indicated that the decision was not ready and scheduled delivery for 6th May 2026.
In its submissions, KELIN urged the Court to recognise that the circumstances surrounding Diana’s death were not an isolated incident but point to wider systemic challenges in the provision of emergency care at county level. We emphasised that the constitutional right to emergency medical treatment under Article 43(2) is immediate and cannot be conditioned on a patient’s ability to pay.
The case brought to light serious gaps in the delivery of emergency services, including delays in stabilising the patient, challenges in timely referral, limited critical care capacity, and unlawful demands for payment prior to referral. KELIN argued that such failures undermine the rights to life, dignity, health and fair administrative action, and reflect broader structural weaknesses in emergency response systems.
Importantly, KELIN called on the Court to consider issuing structural orders aimed at strengthening emergency care systems, including improving referral coordination, ensuring adequate staffing, and supporting compliance with minimum standards for emergency treatment.
Commenting on the case, Melinda Mugambi, Advocate for the 1st Interested Party, said:
“This case is about more than one tragic loss. It highlights the urgent need to ensure that everyone receives immediate lifesaving care in emergencies, without delay or unlawful barriers such as demands for payment. We hope the Court’s judgement will strengthen accountability and drive reforms in emergency care systems across counties.”
Recent reports continue to document preventable deaths linked to delayed referrals, lack of ambulances, and breakdowns in emergency response. Diana’s case is therefore a reminder of the urgent need for systemic reform.
KELIN looks forward to the Court’s judgement and continues to call on county governments and the Ministry of Health to operationalise emergency care policies, strengthen referral systems, and ensure that all health facilities are equipped to provide timely lifesaving care.
For more information, please contact:
Melinda Mugambi
Advocate for the 1st Interested Party
KELIN
Kuwinda Lane, Off Lang’ata Road
P.O Box 112 – 00202 KNH Nairobi
Tel: +254 790 111578
Email: litigation@kelinkenya.org
