A Nairobi-based journalist and football player has moved to the High Court seeking Sh200 million in damages after being issued with expired drugs by Luton Hospital, an incident he claims left him with severe leg swelling and long-term mobility complications.
In the petition filed before the Constitutional and Human Rights Division at Milimani, 37-year-old Dominic Osiemo Nyang’au said he was treated at the hospital on March 18, after experiencing persistent stomach pain and undergoing an endoscopy procedure.
According to court documents, doctors prescribed him two medications LAEKIT and PROBIO but only PROBIO was available at the hospital pharmacy.
He allegedly purchased the second drug from another chemist.
Nyang’au claimed that a few days after taking the PROBIO medication, he developed severe pain and swelling in his lower limbs, leaving him unable to walk properly.
Upon consulting his doctor, he was advised to verify the drug’s expiry date, only to discover that the medication had expired in February 2026, a month before it was dispensed to him.
The matter was later reported to Nairobi Central Police Station, prompting investigations by the Pharmacy and Poisons Board.
The petitioner says officials from the board confirmed the drugs were expired and subsequently conducted a search at the hospital pharmacy on April 9, where several other expired drugs were allegedly recovered.
The search reportedly resulted in the closure of the hospital’s pharmacy.
In his petition, Nyang’au through his lawyer Danstan Omari says the complications have forced him to undergo costly therapy sessions and use orthopedic socks.
He further claims the condition has affected his livelihood as a journalist, master of ceremonies, and football player, adding that he was unable to participate in the IEBC voter registration exercise in Kisumu because of his health condition.
The suit also alleged that attempts to settle the matter out of court failed after the hospital owner, Dr. Albert Ogendi Mandela, threatened and intimidated him.
The petition names Luton Hospital as the first respondent, Dr. Mandela as the second respondent, and pharmacist Carolyne Nzisa as the third respondent.
The Directorate of Criminal Investigations and the Pharmacy and Poisons Board have been listed as interested parties.
Nyang’au is seeking conservatory orders to keep the hospital pharmacy closed pending the hearing and determination of the case, as well as orders barring any intimidation or interference from the respondents.
He is also seeking Sh200 million in compensation for medical expenses, loss of income, emotional distress, and what he describes as permanent health complications arising from the incident.
Justice Gregory Mutai has since directed the petitioner to serve all parties within three days.
The respondents were granted 14 days to file their responses, with the matter scheduled for mention on June 17.
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