Equity Afia Hospital Lodwar Ordered to Pay Kshs 1.9 Million for Death of 7-Yr-Old
Last Updated on October 30, 2025 by PK Kasirim
LODWAR,-The Lodwar Magistrate Court has ruled that Equity Afia Lodwar and Dr. Janerose Ikwel Lokomol must pay Kshs 1,916,260 plus costs and interest to the family of Leticia Adipo Emase, a 7-year-old who died following improper administration of Potassium Chloride at the medical facility in June 2023.
On June 1, 2023, young Leticia suffered mild nose bleeding and was taken to Equity Afia Lodwar by her grandfather. The child was injected with Potassium Chloride at the wrist and collapsed immediately. Despite assurances from medical staff that it was a normal drug reaction, the child was later pronounced dead. Officers from the Directorate of Criminal Investigations (DCI) Lodwar subsequently visited the facility and commenced investigations. Dr. Janerose Ikwel Lokomol was a director at the facility
Critical Findings of Medical Negligence
The court identified multiple breaches of medical protocol:
Improper Drug Administration: The drug was not verified for appropriateness, diluted as required, or administered according to proper medical protocols
Lack of Monitoring: The medication was administered without cardiac monitoring and in violation of standard protocols
Unlicensed Practitioner: The nurse who administered the drug was unlicensed yet acting within the scope of employment
Prescription Confusion: Evidence showed the grandfather had been advised to purchase Vitamin A, but somehow the prescription changed to Potassium Chloride
Medical expert Dr. Morris Wanganga Kabiru testified that Potassium Chloride must be diluted, administered intravenously and slowly over 4-6 hours, and only in facilities equipped for cardiac monitoring.
Legal Rulings
On Liability: The court held the defendants 100% liable under the principle of vicarious liability, citing the case of Kenya Bus Services Ltd v Kawira [1982-88] 1 KAR 101, which establishes that employers are liable for negligent acts of employees committed during employment.
On Legal Capacity: While claims under the Fatal Accidents Act were allowed, the court dismissed claims under the Law Reform Act for Pain and Suffering and Loss of Expectation of Life due to the plaintiffs’ failure to produce letters of administration, as required by Meshack Kamau v Edward Kinyanjui Gathandi & Another [2008] eKLR
Damages Awarded:
Special Damages: Kshs 716,260 (supported by receipts, following Kheri v Kubai [2024] KEHC 6385)
Loss of Dependency: Kshs 1,200,000 (based on Fredrick Bundi & Another v JMM [2019] eKLR, which awarded Kshs 800,000 for a 5-year-old minor, adjusted for inflation)
Total: Kshs 1,916,260 plus costs and interest
The judgment was delivered on October 29, 2025, by Hon. Evanson Ngigi (SPM) at the Lodwar Magistrate Court.
Pending Legal Actions
According to the case details, additional legal proceedings are underway:
A case filed with the Kenya Medical Practitioners and Dentists Council is pending judgment
A criminal case is planned against individual perpetrators
All matters are being handled by Advocate Muyesu representing the plaintiffs, Deborah Akalale Emase (mother) and William Emase Ekomwa.
