The Court of Appeal in Nyeri has dismissed a motion filed by a local trader, Cyrus Kanyi, who sought to introduce new evidence in a long-running medical negligence appeal against Consolata Hospital Mathari.Â
Kanyi attempted to file additional documents to bolster his claim concerning an alleged botched surgery at the Nyeri-based hospital.
The appellate judges rejected the request, maintaining that the evidence should have been presented during the initial trial and that introducing it at the appeal stage did not meet the strict legal threshold for “newly discovered” information.
The case stems from a dispute over medical procedures Kanyi underwent at the facility, which he claims resulted in permanent injury and loss of livelihood.
The dismissal means the appeal will now proceed based only on the original evidence recorded in the lower court, potentially narrowing the trader’s path to a higher compensation award.
By Anthony Solly
