The High Court has struck out a petition against Moi Teaching and Referral Hospital over claims of negligence following the death of a patient at the facility in 2021.

Justice Reuben Nyakundi found that the claims against the hospital and five medical practitioners were basically about medical negligence and wrongful death for which his court lacked jurisdiction.

The court allowed the petition to proceed only against the Kenya Medical Practitioners and Dentists Council.

The dispute arose from the death of Annita Jepkorir Chirchir, a minor, following treatment at the MTRH.

Her parents, Mercy Jepchirchir Kiprono and Isaac Kipchirchir Kandie, filed a complaint with the council in 2021.

On May 5, 2023, the council’s disciplinary and ethics committee dismissed the complaint against Dr Ernest Nshom, Dr Alfred Wanyonyi Wandeba and Prof Barasa Otsyula Khwa.

It directed Dr Stephen Ondigo and the hospital to mediate with the estate and to pay fines of Sh200,000 and Sh350,000 respectively.

No appeal was lodged against that ruling.

Instead, the petitioners filed a constitutional petition on May 10, 2025, seeking declarations that the respondents had violated their rights.

Among the reliefs sought was “a declaration that the deliberate, negligent and reckless actions and omissions of the first to fifth respondents were a direct cause of the petitioners’ daughter’s death and thereby constituted a profound violation of her right to life”.

They also asked the court to determine that they were entitled to compensation.