KELIN has been joined as an Interested Party 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) before the High Court at Bomet. The case highlights a breach of the constitutional right to the highest attainable standard of health and the right to emergency medical treatment, as guaranteed under Article 43(1)(a) and 43(2) of the Constitution of Kenya respectively.
The Petition challenges the denial of emergency treatment at Longisa County Referral Hospital, a Level 4 Hospital, whose failure to offer timely and essential emergency healthcare resulted in the death of a minor who was stung by bees while playing at home. The minor was not attended to for over 7 hours at the said facility despite being in visible pain and discomfort, and a pre-condition for payment before a referral could be facilitated by the hospital, ultimately resulted in loss of life.
KELIN is particularly concerned about the systemic failures in emergency healthcare service delivery illustrated by this case, including the denial of emergency treatment, lack of essential medication, and the demand for payment prior to referral. The Health Act under Section 7 provides that every person has the right to emergency medical treatment which includes in Section 7(b) stabilizing the health status of the individual and Section 7(c) arranging referral in cases where the health provider of first call does not have facilities or capability to stabilize the health status of the victim.
KELIN supports the Petitioners’ prayers for declaratory orders affirming the violation of constitutional rights and accountability of the Respondents through orders for general and aggravated damages for breach of the constitutional rights. We further pray for the Court to issue orders compelling the 3rd and 4th Respondents to develop, implement and widely disseminate comprehensive policies and guidelines on the provision of timely emergency medical care in Bomet County and to include protocols for the prompt referral of emergency cases and standard operating procedures governing ambulance services.
KELIN looks forward to taking part in the case and affirming the right to emergency medical care for all. We will be back in court for hearing in open court on 4 June 2025.
For more information, please contact:
Nyokabi Njogu and Melinda Mugambi
Advocates 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
