On 16 July 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 in the matter, 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 who stated they were experiencing challenges with the Judiciary Case Tracking System (CTS) that led to them being unable to upload their witness statements. They requested additional time to file witness statements and prepare for the hearing.
The Petitioners’ counsel objected to the adjournment request, highlighting that this marks the third such application by the Respondents. The counsel criticized the repeated delays as deliberate stalling tactics, arguing that these actions unfairly disadvantage the Petitioners and undermine the pursuit of justice.
KELIN supported the position of the Petitioners’ counsel and highlighted to the Court that the Respondents’ counsel was present in court on 7 May and 5 June 2025 and has had ample opportunity to file the statements as required under the Mutunga Rules.
This notwithstanding, the Honorable Judge granted the Respondents time to file witness statements, and the matter has now been rescheduled to 8th and 9th October 2025 for hearing of all witnesses.
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
