[1998] KEHC 267 (KLR)
The court found that the application for medical attention was meritorious. It held that remand prisoners have a right to necessary medical care, and upon consideration of the applicant's affidavit, ordered that Fredrick Kiiru be taken to Kenyatta National Hospital for examination. If the examining doctor determines...
Source-derived case information.
- Citation
- [1998] KEHC 267 (KLR)
- Parties
- Applicant: Fredrick Kiiru; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 289 of 1998
- Procedural Posture
- Criminal Application / Ruling on Chamber Summons for Medical Treatment
- Outcome
- Application allowed.
- Judges
- JL Osiemo
- Legal Topics
- Remand Prisoner Rights, Prisoner Medical Care
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kiiru
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Application / Ruling on Chamber Summons for Medical Treatment
Legal Issues
- 1 Whether the applicant, a remand prisoner, should be taken to Kenyatta National Hospital for medical attention.
Ratio Decidendi
The court found that the application for medical attention was meritorious. It held that remand prisoners have a right to necessary medical care, and upon consideration of the applicant's affidavit, ordered that Fredrick Kiiru be taken to Kenyatta National Hospital for examination. If the examining doctor determines that admission is necessary, the applicant should be admitted for further treatment. The court's decision was based on the seriousness of the applicant's illness and the absence of any opposition to the application.
Court Disposition
Application allowed.
Orders
- The applicant Fredrick Kiiru shall be taken to Kenyatta National Hospital for medical attention.
- He shall be examined as to the seriousness of his illness.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
Crim Appl 289 of 98
FREDRICK KIIRU...................................................APPLICANT
VERSUS
REPUBLIC OF KENYA.........................................RESPONDENT
RULING
This application by way of Chamber Summons seeks orders that the Remand Prisoner Fredrick Kiiru be taken to Kenyatta National Hospital for medical attention.
The application is supported by sworn affidavit of the applicant. This application cannot be said to be lacking in merit. I order that the applicant FREDRICK KIIRU be taken to Kenyatta National Hospital for medical attention. he should be examined as to the seriousness of his illness and if the examining doctor forms opinion that it is a suitable case for admission, the applicant to be admitted at the hospital for further treatment as necessary. 2 This is the order of this court.
Dated and delivered at Nairobi this 23rd day of July, 1998
J.L.A. OSIEMO
JUDGE
23. 7.1998