One of Kenya’s wealthiest and most controversial white families Thursday moved to court to compel a private hospital in which their only heir died while receiving treatment, to furnish them with medical records of the deceased.
Hugh George Cholmondeley, the 5th Lord Delamere, sued MP Shah Hospital and its Social Service league for refusing to provide the family with hospital records of Thomas Patrick Gilbert Cholmondeley.
Tom died on August 17, 2016 while recuperating in the Intensive Care Unit of the said hospital after undergoing an all hip replacement surgery.
However, nearly a year after, the family has been unable to obtain his death certificate, a factor which is putting the expansive Delamere beef and dairy farms in which he was a finance director at risk of intermeddling on matters administration.
Tom’s medical records have never been released and postmortem report was inconclusive and this has made it impossible for his family to get a death certificate.
According to Tom’s father, the inability to get a death certificate continues to cause the family psychological torture.
“The direct consequence of the hospital’s unlawful action is that no letters of administration can be taken out in respect of the deceased for purposes of administering the said estate in accordance with the law and the wishes of my son,” he said.
The family claimed it has several times asked the hospital to share the hospital records to no avail.
“Unless this matter is certified as urgent and heard on a priority basis, the deceased’s estate will suffer irreparable loss as it will be exposed to intermeddling acts and will consequently waste away,” said Mr Antony Njogu the family’s lawyer.
Tom got a fracture at the neck of his thigh bone on the right limb in March 2015 while on holiday in Thailand. He underwent a successful surgery there.
He accidentally fell, eleven months after that surgery.
In 2005, Tom was arrested and charged with murdering Samson Ole Sisina who had been working as an undercover wildlife ranger on his estate. But Tom claimed he thought the man was an armed robber and the prosecution dropped the case for lack of evidence.
He was cleared of murder in April 2009 but found guilty of manslaughter and sentenced to eight months in prison. He was released in October 2009.
His father now wants the court to issue a declaration that the hospital has violated their rights and wants related damages.