Luco Njagi & 21 others v Ministry of Health & 2 others [2015] eKLR dialysis treatment three times a week in order to live, but have been unable to access the treatment at Kenyatta National Hospital due to a lack of adequate machines and/or failure of existing machines; and that they are poor people and cannot afford to pay for dialysis at private medical providers. They seek the following orders in their petition dated 23rd April 2013: A. A declaration that the actions of the 1st and 2nd respondents of not buying adequate medicine dialysis equipment and/or repairing the existing ones to the point that the petitioners are unable to access mandatory treatment, expressly and singularly violates the provisions of Article 26(1) of the constitution which provides that every person has a right to life and Article 43(1) which provides that every person has the right to health care services. B. A declaration that the actions of the 3rd respondent of not paying a higher amount (subsidizing a higher amount) for medicine dialysis to be done at private medical institutions (where the machines are easily available) to the point where petitioners are unable to access mandatory treatment due to financial constraints/indigence, expressly and singularly violates the provisions of Article 26 (1) of the constitution which provides that every person has a right to life and article 43(1) which provides that every person has the right to health care services. C. A declaration that the actions of the respondents of coming up with a deliberate policy for alternative dialysis treatment for patients who cannot access the existing dialysis machines at Kenyatta National Hospital as and when they fail, expressly and singularly violates the provisions of Article 26(1) of the constitution which provides that every person has a right to life and article which provides that every person has the right to health care services. D. A declaration that for the respondents to deny and/ or fail to provide adequate health care services to the petitioners subjects them to inhuman treatment, and thus expressly and singularly violates the provisions of Article 28 of the Constitution of Kenya which provides that every person has inherent dignity that must be respected and protected. E. A declaration that the actions of the 2nd respondent to provide dialysis treatment to patients admitted at the institution and deny access to walk-in patient (allegedly due to the unavailability of dialysis machines is an act of discrimination that expressly and singularly violates the provisions of article 27(5) which provides that no person shall discriminate against another. F. Pending the buying on new dialyses equipment/repair of existing ones, this Honourable Court issues an order compelling the 1st respondent to fully pay for the petitioners to access the compulsory medicine dialysis treatment at the following private medical institutions:a) The Nairobi Hospital b) The Nairobi Women’s Hospital c) The Aga Khan Hospital d) The MP Shah Hospital e) The Matter Hospital f) The Nairobi West Hospital http://www.kenyalaw.org - Page 2/18