A Nairobi resident has moved to the High Court seeking legal action against a private medical facility, accusing it of dispensing expired medication after a medical procedure carried out earlier this year.
In a petition filed before the Constitutional and Human Rights Division at Milimani Law Courts, Dominic Osiemo Nyang, through his lawyer Danstan Omari, alleges that he was exposed to serious health risks after receiving expired drugs from Luton Hospital following treatment for persistent stomach complications.
Court documents indicate that Nyang visited the hospital on March 17, 2026 complaining of severe stomach discomfort before doctors recommended an endoscopy procedure.
He reportedly returned to the facility the following day, underwent the procedure under the care of Dr. Bosire, and was later discharged with a prescription for medication identified as LAEKIT and PROBIO, which he purchased from the hospital pharmacy.
However, the petitioner claims that after leaving the facility, he inspected the medication packaging and discovered that one of the prescribed drugs, PROBIO, had expired in February 2026, nearly a month before it was allegedly issued to him.
He argues that the incident amounted to medical negligence and violated his constitutional rights, including the right to quality healthcare and consumer protection. The suit lists Luton Hospital, Dr. Albert Ogendi Mandela and pharmacist Carolyne Nzisa as respondents.
Nyang further accuses some hospital officials of intimidation after he attempted to raise concerns outside court, claiming the experience left him emotionally distressed and financially strained due to ongoing treatment expenses.
In the application before court, Nyang is seeking conservatory orders to suspend operations at the hospital’s pharmacy pending determination of the case, arguing that members of the public could unknowingly be exposed to expired medication if urgent intervention is not taken.
Justice Gregory Mutai has directed the petitioner to serve all respondents and interested parties within three days, with the respondents expected to file their responses within 14 days after service as the matter awaits further directions before the High Court.
