A man has moved to the High Court seeking Sh200 million in damages after allegedly being issued expired medication by Lutton Hospital following a medical procedure.
The petition, filed before Justice Gregory Mutai, accuses the hospital, its alleged proprietor Dr. Albert Ogendi Mandela and pharmacist Carolyne Nzisa of negligence, unlawful dispensing of expired drugs and exposing patients to serious health risks.
According to the petition, Dominic Osiemo Nyang’au first visited the hospital on March 17, 2026 after suffering persistent stomach pains and discomfort and was advised to return the following day for an endoscopy procedure.
He states that he underwent the procedure on March 18 and was later discharged at around 4:20 p.m. with a prescription for two drugs identified as LAEKIT and PROBIO.
However, Nyang’au claims the hospital pharmacy only had the PROBIO medication in stock at the time, forcing him and his wife to source the LAEKIT drugs from another pharmacy in Nairobi before proceeding home.
In the court filings, he alleges that after taking the medication as prescribed, he began experiencing severe swelling and pain in his lower limbs three days later, prompting him to contact his doctor.
The petitioner claims that upon checking the packaging of the PROBIO medication, he discovered the drugs had expired in February 2026, one month before they were allegedly dispensed to him by the hospital pharmacy.
Nyang’au further states that he reported the matter at Nairobi Central Police Station, after which officials from the Pharmacy and Poisons Board were called in to verify the claims.
According to the court documents, the officials allegedly confirmed that the medication had expired and later conducted an inspection at the hospital pharmacy, where they reportedly recovered several other expired drugs and collected samples for further investigations.
The court documents state that the ordeal left Nyang’au struggling to walk, forcing him to undergo expensive therapy sessions and wear orthopedic socks due to persistent swelling and pain.
He says the condition has significantly affected his ability to work as an MC, journalist and football player, leading to loss of income and financial strain on his family.
The court filings further allege that efforts to resolve the dispute out of court later turned hostile, with the petitioner accusing the hospital owner of intimidation and threats after compensation talks allegedly collapsed.
Through his lawyer, Nyang’au is seeking conservatory orders to maintain the closure of the hospital’s pharmacy pending the hearing and determination of the case.
He also wants the court to restrain Dr. Ogendi, his agents or associates from allegedly threatening, harassing or interfering with him as investigations continue.
The petitioner argues that unless the orders sought are granted, other unsuspecting patients seeking treatment at the facility risk suffering similar harm from allegedly expired drugs.
Justice Mutai certified the matter urgent and directed the him to serve the petition and application upon the respondents and interested parties within three days.
The judge further ordered the respondents to file their responses within 14 days of service, while Nyang’au was granted seven days to file a rejoinder, if any.
The matter will be mentioned on June 17, 2026 for further directions.
A man has moved to the High Court seeking Sh200 million in damages after allegedly being issued expired medication by Lutton Hospital following a medical procedure.
The petition, filed before Justice Gregory Mutai, accuses the hospital, its alleged proprietor Dr. Albert Ogendi Mandela and pharmacist Carolyne Nzisa of negligence, unlawful dispensing of expired drugs and exposing patients to serious health risks.
According to the petition, Dominic Osiemo Nyang’au first visited the hospital on March 17, 2026 after suffering persistent stomach pains and discomfort and was advised to return the following day for an endoscopy procedure.
He states that he underwent the procedure on March 18 and was later discharged at around 4:20 p.m. with a prescription for two drugs identified as LAEKIT and PROBIO.
However, Nyang’au claims the hospital pharmacy only had the PROBIO medication in stock at the time, forcing him and his wife to source the LAEKIT drugs from another pharmacy in Nairobi before proceeding home.
In the court filings, he alleges that after taking the medication as prescribed, he began experiencing severe swelling and pain in his lower limbs three days later, prompting him to contact his doctor.
The petitioner claims that upon checking the packaging of the PROBIO medication, he discovered the drugs had expired in February 2026, one month before they were allegedly dispensed to him by the hospital pharmacy.
Nyang’au further states that he reported the matter at Nairobi Central Police Station, after which officials from the Pharmacy and Poisons Board were called in to verify the claims.
According to the court documents, the officials allegedly confirmed that the medication had expired and later conducted an inspection at the hospital pharmacy, where they reportedly recovered several other expired drugs and collected samples for further investigations.
The court documents state that the ordeal left Nyang’au struggling to walk, forcing him to undergo expensive therapy sessions and wear orthopedic socks due to persistent swelling and pain.
He says the condition has significantly affected his ability to work as an MC, journalist and football player, leading to loss of income and financial strain on his family.
The court filings further allege that efforts to resolve the dispute out of court later turned hostile, with the petitioner accusing the hospital owner of intimidation and threats after compensation talks allegedly collapsed.
Through his lawyer, Nyang’au is seeking conservatory orders to maintain the closure of the hospital’s pharmacy pending the hearing and determination of the case.
He also wants the court to restrain Dr. Ogendi, his agents or associates from allegedly threatening, harassing or interfering with him as investigations continue.
The petitioner argues that unless the orders sought are granted, other unsuspecting patients seeking treatment at the facility risk suffering similar harm from allegedly expired drugs.
Justice Mutai certified the matter urgent and directed the him to serve the petition and application upon the respondents and interested parties within three days.
The judge further ordered the respondents to file their responses within 14 days of service, while Nyang’au was granted seven days to file a rejoinder, if any.
The matter will be mentioned on June 17, 2026 for further directions.
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