A man has sued Luton Hospital Sh 200M after being prescribed expired drugs post an endoscopy procedure.
Dominic Osiemo Nyang’au wants the court to issue conservatory orders for the continued closure of the hospital’s pharmacy for fragrantly storing and selling expired medicines and drugs to its patients with little to no caution, endangering their lives further, and clawing back on their mandate to provide the best available medical care to the consumers of such services from them.
Through lawyer Danstan Omari, the applicant also wants the court order the owner of the hospital, Dr. Albert Ogendi Mandela, his agents or proxies from threatening, harming or in any other way interfering with the peace of the Petitioner and the interested parties, as investigations into the samples collected from the hospital’s pharmacy go on.
The court heard that Nyang’au visited Luton hospital on the 17th March 2026, for assessment and an endoscopy procedure, following constant stomach pains and discomfort, with a view to have the problem he was suffering from addressed.
“He was instructed to revisit on the 18th March 2026 for the procedure and was attended to by one Dr. Bosire, and shortly admitted, post the procedure, being discharged on the same day at around 4:20 PM,” Omari said.
The court heard that upon discharge, the applicant was issued with a prescription of drugs to use to aid in/with his recovery, whereby the prescription indicated the drugs as; a LAEKIT and PROBIO, which were to be bought from the hospital’s pharmacy.
However, the hospital only had the PROBIO drugs, according to the 3rd Respondent, Caroline Nzisa, who is/was the attending pharmacist on the day when the applicant was treated at Luton.
Nyang’au’s wife is said to have paid for the said PROBIO drugs and the same were issued to the applicant as he made his way out of the hospital to go find the LAEKIT before proceeding home.
The LAEKIT was bought from a pharmacy in Nairobi CBD and the applicant used it for 14 days as instructed and then started to take the PROBIO from Luton.
After using the said drugs for three days, he realized that his legs were becoming swollen and he resorted to calling his referring doctor, Dr. Charles, to find out what the issue could have been.
“Three days into the taking of the PROBIO drugs, I began experiencing excruciating pain and swelling on my lower limbs and called my doctor. Dr. Charles, to inquire what the cause of the said pain might be,”
This is when Dr. Charles instructed him to check the flipside of the drugs for the batch number as well as the expiry date of both drugs, but especially the PROBIO drugs as they were the ones he was taking at the incidental time.
This is when he realized that PROBIO was expired. Efforts to settle the matter with the hospital became futile as Dr. Mandela even went ahead to threaten him after reporting the matter to the police.
The court heard that the investigating officer assigned to him at the Nairobi Central Police Station invited officials from the Pharmacy and Poisons Board to the station and ascertain that indeed, the drugs issued to me were indeed expired as per my report.
“Upon ascertainment, the officials from the Pharmacy and Poisons Board did ascertain the fact that indeed the said PROBIO drugs had expired in February 2026, as indicated on the flipside,” Omari said
The official from the Pharmacy and Poinsons Board proceeded to Luton hospital on the 9th of April 2026, conducted a search at the hospital’s pharmacy and uncovered several other expired drugs, to which they prepared a report, ascertained the batch numbers and took with them samples.
The applicant wants the court to find and hold that the hospital, Dr. Mandela and the Pharmacist, were directly negligent and responsible, in their dealing with the health of the applicant, resulting in the swelling of his feet and the pain therefrom emanating, and subsequently for the loss of income, the bills he has so far paid and will have to pay for the entirety of his life until he is fully healed, as well as the mental trauma, anguish and threats to his life by the 2nd Respondent, herein and finds it fit to award him compensation to a tune of Sh 200 million.