Family sues Bomet County over death of three-year-old kin

The family of three-year-old Diana Ruth Chepngeno, who died after being stung by bees in Bomet County, has sued the county government for medical negligence.

The girl allegedly died after being denied emergency medical services at Longisa County Referral Hospital where she remained unattended for seven hours on November 9, 2024, sparking public outrage.

Joan Cherotich, on behalf of the family, and the Independent Medico-Legal Unit (IMLU), has taken legal action against the county government for failing to provide timely treatment and an ambulance to transfer the child to another hospital.

Medical records and the death certificate issued on January 29, 2025, indicate that the child died of anaphylactic shock due to a bee sting.

Diana was buried at Murany Village in Kaporuso Location in Bomet East Constituency on November 26, 2024.

In their petition, the family questions the county government’s constitutional duty to provide emergency medical care regardless of social or economic status.

Longisa County Referral Hospital, the county government, the hospital’s medical superintendent, and the county secretary have been sued by Eldoret-based Chepkirui Koech and Associates Advocates on behalf of the petitioners.

The petition cites violations of the Bill of Rights, specifically the right to life and emergency medical treatment.

“Chepngeno’s promising life was cut short due to the inaction of the respondents. Her death was unfair, senseless, and preventable if the hospital had given her the urgent treatment she required,” reads the court documents.

Diana had been playing with other children in Murany village when they were attacked by bees. They were rushed to Longisa County Referral Hospital for treatment.

The petition states that Diana was received at the hospital at around 3.00 pm but was left unattended until her guardian, Ms Cherotich, arrived at 5.00 pm and found her writhing in pain without any medical attention.

“She (Cherotich) begged the nurses to give Diana painkillers since the child was visibly in so much pain, but her pleas fell on deaf ears. The nurses and doctors at the casualty section ignored her,” states the court documents.

At around 8,30 pm, Cherotich and another relative, Monica Chebet, requested the hospital to refer the child to another facility if they could not treat her.

They specifically asked for a referral to Tenwek Hospital but were allegedly told they needed to pay Sh 5,000 for fuel and Sh 50,000 before the hospital would accept the child.

Unable to raise the required amount, the family opted to hire a private vehicle. However, Longisa Hospital discharged the child without administering first aid, citing a lack of anti-bee venom drugs.

The petitioners have questioned why the county government failed to ensure ambulances were fueled and pharmacies stocked, holding them accountable for the child’s death.

The court documents state that Diana was transferred in critical condition with no medic accompanying her.

During the journey, she vomited and fainted. She was pronounced dead upon arrival at Tenwek Hospital and her body was later taken to Longisa Hospital mortuary.

“If the hospital lacked the necessary medication to treat her or counter the anaphylaxis from the bee sting, they should have at least provided an ambulance for immediate transfer to a facility with the required emergency care,” states the petition.

The family argues that they have suffered permanent emotional wounds and indignity due to the hospital’s negligence.

“The denial of emergency medical treatment and leaving a child to suffer for seven hours amounts to torture and cruel, inhumane treatment,” the petitioners argue.

They state that Diana’s right to dignity, life, and the highest attainable standards of health were violated.

“This court should put an end to the reckless manner in which county governments handle healthcare services. Their inaction often leads to unnecessary deaths that could have been prevented,” the petition states.

They insist that Diana’s death should not be in vain and call for systemic changes to prevent similar tragedies in the future.

“It is time for the respondents to reflect and ask themselves whether the death of Diana Chepngeno was necessary,” the petition reads.

The petitioners emphasise that the Constitution guarantees every person the right to dignity, freedom from torture, and protection from inhumane treatment.

“The Constitution further states that children should not be subjected to cruel and degrading treatment,” they add.​