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Originally published by Nation Counties
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September 3, 2026
2h ago

Court: Parents can sue MTRH over daughter's death, but not this way

Court: Parents can sue MTRH over daughter's death, but not this way

Parents' quest for justice takes them from MTRH, to KMPDC, and eventually, to the High Court...

✨ Key Highlights

The Eldoret High Court has ruled that parents seeking to sue Moi Teaching and Referral Hospital (MTRH) and its doctors over their daughter's death must pursue an ordinary civil case, not a constitutional petition.

  • The court struck out the parents' constitutional case against MTRH and four doctors, but granted liberty to file a civil suit.
  • The parents had accused the hospital, doctors, and the Kenya Medical Practitioners and Dentists Council (KMPDC) of failing them after their daughter's death five years ago.
  • The KMPDC had previously dismissed negligence claims against some doctors but ordered mediation and fines for Dr. Stephen Otsieno Ondigo (Sh200,000) and MTRH (Sh350,000).

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