Justice for the late Alex Madaga’s family as the Court awards them 2.5 Million Shillings

The Chief Magistrate’s Court in Nairobi has today awarded the family of the late Alex Madaga Kshs 2.5 million (250,000$) as compensation for his death. The late Alex Madaga was a casual labourer in Nairobi who survived  a road crash  but ended up dying after spending a record 18 hours in an ambulance, while seeking emergency medical treatment.

In an effort to find justice for the family, KELIN, with the assistance of our pro-bono lawyers, Kimanthi & Associates Advocates, thus filed Civil Suit No. 6426 of 2016 against the driver and owner of the vehicle that fatally injured the late Alex Madaga. This case is a culmination of several efforts made by KELIN since 2015 to affirm the constitutional right to emergency medical treatment and seek justice for the family of Mr Madaga. These efforts include lodging a complaint at the Kenya Medical Practitioners and Dentist Board where Orders were consequently issued including:

1. Directing the Kenya Medical Practitioners Board to liaise with the Ministry of Health for the development of policies and guidelines that regulate payment of emergency medical treatment and referral of emergency cases; and
2. Directing that the Medical Board, Ministry of Health together with other stakeholders develop and disseminate regulations for the licensing and operation of ambulance services within 90 days. A copy of this Ruling can be found here.

‘Whereas no amount of money can replace a life, we celebrate this judgment together with the wife and family of the late Alex Madaga. They have patiently awaited justice for his death for over two years. KELIN intends to push for immediate payment in this matter and ensure that ultimately, our health care system reforms to afford patients the much deserved emergency medical treatment’ said Tabitha Saoyo, Deputy Executive Director, KELIN  after the delivery of the judgment.

To contribute to the discussions on this forum, follow KELIN on our social media platforms:  Twitter: @KELINKenya or Facebook: http://www.facebook.com/kelinkenya

 For more information contact:

Tabitha Saoyo, Deputy Executive Director,

Kenya Legal & Ethical Issues Network on HIV &AIDS (KELIN)

4th Floor, Somak Building, Mombasa Road

Tel +254202515790; Cell +254 790 339963;

Email: tsaoyo@kelinkenya.org

#AlexMadaga #Justice2Health #18Hours