Luco Njagi & 21 others v Ministry of Health & 2 others [2015] eKLR g) The Karen Hospital And h) The Parklands Dialysis Centre 5. The petitioners seek, in the alternative to the prayers set out above, but still in relation to the private institutions set out above, a prayer that: “Pending the buying of new dialyses equipment/repair of existing ones, this Honourable Court issues an order compelling the 1st and 3rd Respondent to subsidize the cost of medicine dialysis to be conducted at the institutions listed below (at the rate at which the petitioners would have accessed treatment at Kenyatta National Hospital- that is to say, if private medical institution charges Ksh10,000 per dialysis visit, the petitioners would pay Kshs2050 only while the 1st and 3rd respondent would pay the balance)”. 6. The petitioners also pray for the costs of the petition at prayer H against the respondents jointly and severally, while at prayer G, they seek: G. An order directing the respondents to come up with a sustainable and actionable administrative, policy, and political mechanism for patients to access uninterrupted medicine dialysis at Kenyatta National Hospital and other public institutions. Petition No. 451 of 2013 7. The petitioner in this petition is Mr. F N. He filed his petition under certificate of urgency on 16th September 2013 in which he makes allegations of violation of his right to health similar to those made in Petition No. 218 of 2013 in respect of treatment for kidney dialysis, but directed primarily at the 3rd respondent. He describes himself as an elderly citizen of the Republic of Kenya, 83 years of age, and a contributor to the National Hospital Insurance Fund (NHIF) under membership number 0782289. In his petition, he seeks the following orders: a. A declaration that the respondent has by restricting the payments made under the National Hospital Insurance Fund to only a portion of the cost of bed breached the petitioner’s fundamental right to receive the best available medical treatment under Article 43 of the Constitution, Article 16 of the African Charter on Human and People’s Rights and Article 12 of the International Convention on Economic, Social and Cultural Rights. b. A declaration that the respondent by failing to include the cost of dialysis treatment as well as treatment for terminal conditions has in effect discriminated against the petitioner as well as others in his condition which discrimination is contrary to his right of equality under Article 27 of the Constitution. c. A mandatory injunction compelling the respondent to include the cost of dialysis and treatment for diabetes and hypertension as part of its cover to the petitioner and other members of the National Hospital Insurance Fund in his condition. d. A mandatory injunction compelling the respondent to advice the national government of Kenya to include as part of the medical cover under the National Hospital Insurance Fund cover for treatment of terminal illness including diabetes, hypertension and the cost of dialysis treatment. http://www.kenyalaw.org - Page 3/18