JM (Mother to Master AB - Minor) v Wesu Sub-County Hospital, Ministry of Health – County Government of Taita Taveta (Civil Case E014 of 2025) [2026] KEMC 326 (KLR)

JM (Mother to Master AB - Minor) v Wesu Sub-County Hospital, Ministry of Health – County Government of Taita Taveta (Civil Case E014 of 2025) [2026] KEMC 326 (KLR) (20 July 2026) (Ruling) Neutral citation: [2026] KEMC 326 (KLR) REPUBLIC OF KENYA IN THE VOI LAW COURTS CIVIL CASE E014 OF 2025 A MSHILA, J JULY 20, 2026 BETWEEN JM (MOTHER TO MASTER AB - MINOR) ........................................... PLAINTIFF AND WESU SUB-COUNTY HOSPITAL, MINISTRY OF HEALTH – COUNTY GOVERNMENT OF TAITA TAVETA ................................................. DEFENDANT RULING 1. The letter dated 15th July 2026 and the Ruling dated 24th June 2026 has been placed before this Court for directions. 2. This Court has perused both the letter and the Ruling under reference and notes that the Judicial Oficer heard the Plaintifi and the Defendant’s case and admitted their written submissions. 3. Therefore in exercise of its supervisory jurisdiction under Articles 165(6) of the Constitution 200 this is mandated to correct the procedural actions of the subordinate courts. 4. Therefore in exercise of this jurisdiction this Court makes the following determinations:a. The Ruling of 24th June, 2026 is hereby set aside as the Judicial Oficer has no jurisdiction to transfer any file to any Court with concurrent jurisdiction or otherwise. b. The Judicial Oficer who heard the parties and admitted the written submissions has the burden of writing the final determination/judgment. Orders accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 20TH DAY OF JULY, 2026. HON. A. MSHILA https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/326/eng@2026-07-20 1

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