JM (Mother to MAB (Minor)) v Wesu Sub-County Hospital & another (Civil Suit E014 of 2025) [2026] KEMC 363 (KLR)
The bottom line
#A Kenyan court awarded a boy nearly Kshs. 10 million after hospital staff left a strap on his newborn arm, causing amputation.
What this practically means
#Executive summary
#Key legal issues
#Liability for medical negligence by hospital staff
The attending doctors/nurses at WESU Sub County Hospital were negligent in failing to remove the tourniquet strap for over 24 hours, breaching their professional duty of care; the hospital and the Ministry of Health, County Government of Taita Taveta are vicariously liable
Dr. Adede confirmed from medical documents that a strap was tied at the newborn's axilla for intravenous cannula insertion on 21/1/2024 and forgotten for over 24 hours, obstructing blood flow, causing swelling, loss of pulse, dry gangrene and eventual above-elbow amputation. The court found the case uncontroverted since the defendants, though duly served, did not defend the suit and interlocutory judgment had been entered on 15/5/2025.
Quantum of general damages for pain, suffering and loss of amenities
Kshs. 4,000,000/= awarded, following the comparable injuries and award in Nthuci v Kenya Power & Lighting Company Limited
The minor suffered amputation of the right upper limb above the elbow leaving a 10cm stump, a 50% permanent partial disability, and endured prolonged inpatient treatment. The court found the High Court decision in Nthuci, which involved a severed upper limb with 80% permanent disability and awarded Kshs. 4,000,000/=, relevant and applicable. The award was kept within the court's Kshs. 10,000,000/= pecuniary limit.
Future medical expenses and diminished earning capacity
Kshs. 4,000,000/= awarded for future medical expenses towards a prosthetic limb and servicing, and Kshs. 1,898,000/= for diminished earning capacity
Dr. Adede assessed a prosthesis at Kshs. 450,000/= with replacement every 5 years initially, then every 15 years after age 18, with servicing every 3 years at Kshs. 7,500/=. Working with replacements at years 5, 10, 15, 20 up to the 60th year and factoring inflation, the court made a lump-sum award. Reduced earning capacity was pleaded and the court found the minor's ability to earn a living hampered.
Legal principles established
#- Leaving a tourniquet strap on a newborn for over 24 hours constitutes negligence amounting to a breach of the professional duty of care
- A magistrate's court cannot make an award exceeding its pecuniary limit under the Magistrates Court Act 2015 even where proved losses exceed it
- An employer/health institution is vicariously liable for the medical negligence of its staff
Court orders
#- 1.Judgment entered in favour of the plaintiff against the defendants jointly and severally for general damages for pain, suffering and loss of amenities of Kshs. 4,000,000/=, reduced earning capacity of Kshs. 1,898,000/= and future medical expenses of Kshs. 4,000,000/=, to earn interest at court rates from the date of judgment until paid in full
- 2.Special damages of Kshs. 2,000/= for the medical report awarded with interest from 30/1/2025 (date of suit) until paid in full
- 3.Costs of the suit awarded to the plaintiff against the defendants, with interest from the date of judgment until paid in full at court rates
- 4.Recommendation that the plaintiff consider registering the minor as a person living with disabilities with the relevant body
- Jurisdiction invoked
- Magistrates Court Act 2015 pecuniary limits for a Principal Magistrate (Kshs. 10,000,000/=)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JM (Mother to MAB (Minor)) v Wesu Sub-County Hospital & another (Civil Suit E014 of 2025) [2026] KEMC 363 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/363/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.