A man has moved to the High Court in Nairobi seeking Ksh200 million in compensation, alleging that he suffered serious health complications after being prescribed expired medication by a city hospital.
The matter is before Justice Gregory Mutai at the Milimani Constitutional and Human Rights Division under case number HCCHRPET/E289/2026.
*Compensation claim and allegations*
In the petition, Dominic Osiemo Nyang’au is seeking conservatory orders to stop what he describes as continued storage and distribution of expired drugs at the hospital pharmacy.
He is also seeking orders restraining the second respondent from allegedly interfering with him or ongoing investigations, and a declaration that the respondents are liable for medical negligence.
He further wants the court to award him Ksh200 million for alleged physical, emotional and psychological suffering.
The petition is filed against Luton Hospital, Dr. Albert Ogendi Mandela and pharmacist Carolyne Nzisa, with the Directorate of Criminal Investigations and the Pharmacy and Poisons Board listed as interested parties.
*Allegations in court documents*
According to the court papers, the petitioner sought treatment in March 2026 for stomach pains and underwent an endoscopy procedure before being discharged with medication including LAEKIT and PROBIO.
He alleges that after taking the medication for several days, he developed swelling in his legs. He later consulted another doctor who advised him to check the drugs’ batch numbers and expiry dates.
“That three days into the taking of the PROBIO drugs, I began experiencing excruciating pain and swelling on my lower limbs and called my doctor, Dr. Charles, to inquire what the cause of the said pain might be,”court documents read.
He claims he later discovered that the PROBIO medication had expired in February 2026.
The petitioner also alleges that a subsequent inspection by officials from the Pharmacy and Poisons Board at the hospital pharmacy uncovered additional expired drugs.
He further claims the condition affected his ability to walk and work as an MC, journalist and football player, leading to loss of income and forcing him to use orthopedic socks due to swelling.
“It became extremely difficult for me to walk, leave alone carry out my duties as an MC, a journalist and a football player, hence depriving me of an income to provide for my young family, including conducting the IEBC mass voter registration exercise at Kisumu,”court documents read.
*Court directions*
Justice Mutai directed that the petition and Notice of Motion dated May 5, 2026 be served on all respondents and interested parties within three days.
The respondents have 14 days after service to file their responses, while the petitioner will have seven days thereafter to file a rejoinder, if any.
The matter will be mentioned on June 17, 2026 for further directions.
