Ringo & another v Kenyatta National Hospital & another (Civil Case 915 of 2006) [2023] KEHC 25974 (KLR) (Civ) (1 December 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 25974
- Citation
- [2023] KEHC 25974 (KLR)
- Decided
- 1 December 2023
The court finds the defendants 100% liable for the deceased's death and awards damages totaling Kshs.2,412,524.
Facts
The deceased, Simon Mwacho Mwakisachi, was diagnosed with a renal disease and admitted to Kenyatta National Hospital at the instruction of Dr. Joshua K. Kayima. He underwent dialysis but died after a few hours. The plaintiffs, Faith Nashika Ringo and William Njogholo Mwakisachi, claim negligence from the hospital and Dr. Kayima.
Issues
- Whether the defendants are liable for the deceased's death
- Quantum of damages to be awarded
Reasoning
The court held that the defendants were negligent in the treatment of the deceased due to the negligence of the hospital staff during dialysis. The court awarded damages based on the deceased's life expectancy and dependency.
Outcome
The plaintiffs are awarded Kshs.2,412,524 in damages, costs of the suit, and interest.
Orders
- Judgment in favor of the plaintiffs against the defendants jointly and severally in the sum of Kshs.2,412,524
Remedies
- Damages
- Costs of the suit
- Interest at court rates
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
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