[2002] KEHC 326 (KLR)

[2002] KEHC 326 (KLR)

The court determined that the accused, while in custody, is entitled to receive medical treatment. The judge ordered the Officer Commanding Station (O.C.S.) at Shimo-La-Tewa G.K. Prison to arrange for the accused to be taken to Coast General Hospital or any other suitable hospital for the required treatment. This...

Source-derived case information.

Citation
[2002] KEHC 326 (KLR)
Parties
Respondent: Republic; Defendant: Henry Nyamai Ngumbi
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 38 of 2001
Procedural Posture
Criminal Case / Interlocutory Order
Outcome
Order granted for accused to receive medical treatment.
Legal Topics
Prisoner Medical Rights, Court Orders for Treatment
Source Language
en
Criminal Law Prisoner Medical Rights Court Orders for Treatment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Henry Nyamai Ngumbi

Defendant

Procedural Posture

Criminal Case / Interlocutory Order

Legal Issues

  1. 1 Whether the accused should be granted access to medical treatment while in custody.

Ratio Decidendi

The court determined that the accused, while in custody, is entitled to receive medical treatment. The judge ordered the Officer Commanding Station (O.C.S.) at Shimo-La-Tewa G.K. Prison to arrange for the accused to be taken to Coast General Hospital or any other suitable hospital for the required treatment. This order upholds the legal and constitutional rights of prisoners to access medical care, ensuring their health and dignity are protected while in detention.

Court Disposition

Order granted for accused to receive medical treatment.

Orders

  • The O.C.S. Shimo-La-Tewa G.K. Prison to make arrangements to take the accused for medical treatment at the Coast General Hospital or any other hospital where such treatment may be available.