A magistrate’s court has ordered the Nakuru County Government to pay a 61-year-old driver Sh4.1 million in damages after his leg was amputated following treatment at Nakuru Level 5 Hospital.
The court found the health facility fully liable for injuries that ended with the patient losing his right leg after his condition deteriorated following treatment at the health facility. The county did not defend the medical-negligence claim.
Principal Magistrate Linda Mumassabba found that the claimant, Jackson Njue, proved his claim after his condition deteriorated following treatment at Nakuru Level 5 Hospital six years ago.
The claimant was injured on December 28, 2021, while driving a public service vehicle. He suffered compound fractures of the lower right femur and ankle, together with extensive soft-tissue injuries, before being taken to St Joseph’s Mission Hospital and later transferred to Nakuru Level 5.
At the Level 5 hospital, his wounds were cleaned and dressed and he received antibiotics and painkillers, according to his evidence.
His condition later worsened, with infection and extensive tissue loss, before he was referred to AIC Kijabe Hospital in February 2022.
At Kijabe, further surgery was undertaken, but the right leg could not be saved and was amputated. He blamed the deterioration on inadequate wound management at Nakuru Level 5 Hospital.
He alleged the hospital failed to prevent infection, insufficient treatment and monitoring, and failure to provide professional care.
“The Plaintiff's evidence is that he presented with severe injuries to the right lower limb, was treated at Nakuru Level 5 Hospital, subsequently developed wound infection and deterioration of the limb, was referred to AIC Kijabe Hospital and ultimately underwent amputation,” the judgment dated August 26, 2026 says.
Dr M.S. Malik, a consultant surgeon, reported that the claimant developed wound sepsis after treatment. The report said significant soft-tissue loss followed, with metal plates and tendons becoming exposed, leaving the limb unsalvageable.
The right leg was amputated high on the thigh, about 30 centimetres below the large bony point near the hip, according to the medical report. Mr Njue continued to have difficulty walking, used crutches and had a discharging sinus at the stump.
Dr Malik assessed his permanent physical disability at 50 per cent. He recommended a prosthetic leg costing about Sh300,000, with replacement approximately every five years.
The court awarded the claimant Sh3 million for pain, suffering and loss of amenities, Sh300,000 for the prosthetic limb and Sh800,000 for loss of earning capacity.
The magistrate rejected the Sh155,780 special-damages claim because Mr Njue had not produced receipts or other documents strictly proving the expenditure.
The court also declined future prosthetic replacements because there was no evidence establishing his remaining life expectancy or the number and cost required.
Mr Njue had sought compensation for lost future earnings, saying he could no longer work as a driver. The court found his actual income had not been proved sufficiently for a mathematical calculation.
It nevertheless awarded Sh800,000 for loss of earning capacity, finding that the loss of his right leg substantially reduced his ability to undertake driving work and compete for employment.
“The permanent disability creates a real and substantial diminution in his ability to compete in the labour market and earn income in the manner he did before the accident,” the magistrate said.
The court found the county 100 per cent liable for the injuries and consequential losses proved by the claimant.
