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St. John of God Hospital Tigania through the Administrator) & Catholic Diocese of Meru Trustees Registered v. Lucy Kinya

(2020) JELR 94848 (CA)

Court of Appeal  •  Civil Application 165 of 2019  •  21 Feb 2020  •  Kenya

Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale



In the case before Mabeya, J. sitting a the High Court of Kenya at Meru, the respondent, Lucy Kinya, alleged that being heavily pregnant she visited St. John of God Hospital- Tigania (the 1st applicant) where she was admitted. A caesarian section was carried out and she delivered twins. She alleged that in the course of that operation she suffered injuries occasioned by the negligence of the applicants. It was confirmed in later medical examinations that she had become paralysed due to paraplegic injuries. Upon hearing, the judge found the applicants liable and awarded damages under various heads in a total sum of about Shs.25.6 million.

The applicants had filed a defence denying the claim but the only witness called for the applicants was Dr. Raduma Jessy, the doctor who had received the respondent when she reported at the hospital run by the applicants.

The applicants were not satisfied with the finding of the High Court and filed a Notice of Appeal. Attached to tha…

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