By Andrew Kariuki

A Nairobi man has moved to the High Court accusing Luton Hospital of allegedly issuing him expired medication that he says caused severe health complications, pain, swelling and loss of income.

The constitutional petition filed before the Milimani Constitutional and Human Rights Division names the hospital, its founder Dr. Albert Ogendi Mandela and a pharmacist identified as Carolyne Nzisa as respondents.

The Directorate of Criminal Investigations (DCI) and the Pharmacy and Poisons Board have also been listed as interested parties.

According to court documents, the petitioner, Dominic Osiemo Nyang’au, visited the hospital on March 17, 2026 for an endoscopy procedure after suffering stomach complications.

He underwent the procedure the following day and was later discharged with prescriptions for two drugs identified as LAEKIT and PROBIO.

In his sworn affidavit, Nyang’au claims the hospital pharmacy allegedly did not have LAEKIT in stock and advised him to purchase it elsewhere while issuing him with the PROBIO medication directly from the hospital pharmacy.

The petitioner states that after taking the medication for several days, he allegedly developed severe swelling in his feet and intense pain that affected his ability to walk and work.

“Three days into taking the said PROBIO drugs, I began experiencing excruciating pain and swelling on my lower limbs,” part of the affidavit states.

Nyang’au further claims that upon closely examining the medication packaging, he allegedly discovered that the PROBIO drugs had expired in February 2026. Images attached in the court documents appear to show packaging marked “EXP: 02/26.”

Court filings indicate that officials from the Pharmacy and Poisons Board later visited the facility and allegedly confirmed that the medication had indeed expired. The petition further states that the board subsequently closed the hospital pharmacy after inspections uncovered additional expired drugs on the premises.

The petitioner claims the ordeal left him unable to work as a master of ceremonies, journalist and football player due to persistent pain and mobility challenges.

He says he has since been forced to seek therapy and purchase expensive orthopedic support equipment.

In the petition, Nyang’au accuses the respondents of violating several constitutional rights, including the right to the highest attainable standard of healthcare, dignity, privacy, consumer protection and fair administrative action.

He is now seeking KSh 200 million in compensation for alleged medical negligence, pain, suffering, loss of income and psychological torture.

The court documents also contain explosive allegations that attempts were allegedly made to settle the matter privately. Nyang’au claims that during discussions over compensation, threats were allegedly made against him after negotiations broke down.

“The conversation turned sour… and threats that should we not leave the premises where the meeting was, he was to loosen the leash on us as he is well-connected with powerful and prominent politicians,” part of the affidavit reads.

Justice Gregory Mutai has already issued directions requiring the respondents to file their responses within 14 days after being served, while the petitioner has been granted seven days to file any rejoinder.

The matter is scheduled for mention on June 17, 2026 for further directions.