Minor sues PS for non-payment of Sh11m court compensation over amputated arm

Business Reporter

Nation Media Group

What you need to know:

The minor has sued the Health Principal Secretary and the Mombasa County's Chief Officer in charge of Finance and Planning, seeking to have them compelled to pay him the money as awarded by court.
The minor, who is suing through his mother, says judgment was entered in his favour by a Chief Magistrate’s court in September last year but the respondents have failed to release the money.

A minor has sued a senior health official over the failure to pay Sh11.1 million in damages as a result of medical negligence that led to amputation of his arm.

The minor has sued the Health Principal Secretary and the Mombasa County's Chief Officer in charge of Finance and Planning, seeking to have them compelled to pay him the money as awarded by court.

The minor, who is suing through his mother, says judgment was entered in his favour by a Chief Magistrate’s court in September last year but the respondents have failed to release the money.

“The PS and the Chief Officer as accounting officers are under public duty to settle the court decree,” read part of the statement filed in the High Court.

According to the minor, a certificate of the order against the government having been served upon the respondents, Government Proceedings Act imposes a duty on the accounting officers to pay money specified to the person entitled or his advocates.

“The respondents as accounting officers are under statutory duty to satisfy the judgment made by the court against the government,” the statement further states.

Gangrene

At the magistrate’s court where the minor was awarded compensation, the court was told that in 2012, he was taken to a sub-district hospital in Mombasa following an injury to his right arm where a plaster was applied.

He was advised to go back after almost a month but before that, his mother noticed changes in the child’s arm and rushed him back to hospital.

The plaster was then removed and the minor was immediately referred to Coast General hospital for further medical attention.

At the referral hospital, the minor was diagnosed with gangrene a condition which required surgical removal leading to the amputation of the affected arm.

The High Court has allowed the minor to commence proceedings against the respondents seeking to compel them to pay him the award granted by the lower court.

Justice Ogola directed that he files the main suit (motion) within the next 21 days.