Patient Claims Expired Drugs Left Him Unable to Walk, Seeks Compensation Against a Nairobi Hospital

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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.

In his petition, Dominic Osiemo Nyang’au is seeking conservatory orders to stop what he describes as the continued storage and distribution of expired drugs at the hospital pharmacy.

Osiemo wants the court to restrain the second respondent from allegedly interfering with him or ongoing investigations, and to declare the respondents liable for medical negligence.

Milimani Law Courts building/photo/courtesy 

 In that petition ,he is seeking Sh200 million in damages for alleged physical, emotional and psychological suffering.

The petition has been 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.

Court documents show that Nyang’au sought treatment in March 2026 for stomach pain and underwent an endoscopy before being discharged with medication, including LAEKIT and PROBIO.


 
He claims that after taking the drugs for several days, he developed swelling in his lower limbs and later sought medical advice, where he was told to verify the batch numbers and expiry dates of the medication.

“Three days into taking the PROBIO drugs, I began experiencing excruciating pain and swelling on my lower limbs and called my doctor… to inquire what the cause might be,” court documents state.

In Courts 

He further alleges that he later discovered the PROBIO medication had expired in February 2026. 

According to him, a subsequent inspection by officials from the Pharmacy and Poisons Board at the hospital pharmacy also uncovered additional expired drugs.

The petitioner further claims that his condition worsened to the extent that he became unable to walk and carry out his duties as an MC, journalist and football player, leading to loss of income and affecting his ability to provide for his young family.

“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,"osiemo stated.

He also says the illness forced him to rely on orthopedic support due to persistent swelling.

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.

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