Luco Njagi & 21 others v Ministry of Health & 2 others [2015] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTION AND HUMAN RIGHTS DIVISION
PETITION NO. 218 OF 2013
(CONSOLIDATED WITH PETITION NO. 451 OF 2013)
L N & 21 OTHERS………………………………..…………... PETITIONERS
VERSUS
THE MINISTRY OF HEALTH……………………………….…………1ST RESPONDENT
KENYATTA NATIONAL HOSPITAL………………………..………..2ND RESPONDENT
NATIONAL HOSPITAL INSURANCE FUND………………….……3RD RESPONDENT
JUDGMENT
Introduction
1. The consolidated petitions in this matter, Nos. 218 and 451 of 2013, bring to the fore the
challenges facing the health sector in Kenya and the difficulties citizens face in accessing
adequate health care.
Petition No. 218 of 2013
2. The petitioners in Petition No. 218 of 2013 are L N, H M, P N, E B N, J M, J N K, H M, A M, S
W, J M, B K, M K, E C, D M, J N N, S K, A N, R K, S M, J M and J G.
3. They filed their petition under certificate of urgency seeking mandatory orders to compel the
Ministry of Health to meet the cost of medical dialysis on their behalf at eight private medical
facilities namely the Nairobi Hospital, the Nairobi Women’s Hospital, The Aga Khan, MP Shah,
Mater, Nairobi West and Karen hospitals, and at the Parklands Dialysis Centre, or to subsidise
the cost of medical dialysis at the named private medical facilities at the rate at which the
petitioners would have accessed treatment at Kenyatta National Hospital.
4. The basis for seeking these orders is that the petitioners, all suffering from renal failure, have
been undergoing renal dialysis at the Kenyatta National Hospital which had 20 machines for this
purpose but only 6 were available to serve all patients who require renal dialysis, and that the
hospital gave preference to in-patients. It is their case that they could not afford healthcare from
other service providers and their rights to health had been infringed. They submit that require
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