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When Life Hangs in the Balance: Is Emergency Medical Treatment Truly a Right in Kenya?

By AMOS MUOKI

The Constitution of Kenya, 2010 makes a bold and unequivocal promise. Article 43(2) declares that “a person shall not be denied emergency medical treatment.” On its face, this provision suggests that when life is at risk, access to care should not depend on wealth, status, or the nature of the health facility—public or private. Yet, the lived reality of many Kenyans raises a troubling question: Is emergency medical treatment a guaranteed right in practice, or merely an aspirational ideal on paper?
Emergency medical treatment is a constitutional right guaranteed in the Constitution, 2010 but its implementation faces challenges. 

Emergency medical treatment is defined under section 2 of the Health Act, No. 21 of 2017 as “necessary immediate health care that must be administered to prevent death or worsening of a medical condition.” This definition captures the urgency and non-negotiable nature of emergency care.

Emergencies, by their very nature, do not wait for administrative processes, bed availability, or the ability to raise a cash deposit.

Medical research and practice identify emergencies across three broad categories. First are trauma-related emergencies arising from road traffic accidents, assaults, mob justice, penetrating injuries such as stabbings, snake bites, sexual assault, electrocution, and mass casualty incidents. 

Second are medical emergencies such as loss of consciousness, asthma attacks, poisoning, drowning, epilepsy, severe hypertension, infectious disease exposure, cerebral malaria, heart attacks, and internal bleeding. 

Third are obstetric emergencies, including labour complications, ectopic pregnancies, and abortion-related complications, many of which carry life-threatening risks for mothers.

The devastating consequences of denying emergency care were laid bare in the widely reported case of Alex Madaga in 2015. Mr Madaga, a 37-year-old man, suffered serious head injuries following a hit-and-run accident in Nairobi. What followed was an 18-hour ordeal that exposed systemic failures and ethical dilemmas within Kenya’s health system.

At Coptic Hospital and later at Ladnan Hospital, both private institutions a deposit of KSh 200,000 was demanded before admission. His wife, who had accompanied him throughout the night in the ambulance, could not raise the money. Admission was refused. By the time Mr Madaga was eventually admitted at Kenyatta National Hospital, his condition had deteriorated irreversibly. He died shortly thereafter. His death was not merely the result of injury, but of delay, delay occasioned by institutional refusals grounded in financial considerations.

The Madaga case starkly illustrated the tension between two competing interests: the constitutional right to emergency medical treatment and the commercial nature of private health care institutions. Do private hospitals, operating as profit-making entities, bear the same constitutional obligation as public hospitals? And if they fail to provide emergency care, what is the responsibility of the State?

In response to such tragedies, Kenya has taken significant legislative and policy steps. In 2017, Parliament enacted the Health Act, No. 21 of 2017, establishing a unified national health system encompassing both public and private providers. The Act reinforces the constitutional guarantee by prohibiting the denial of emergency medical treatment and by placing obligations on all health facilities to provide such care.

Further, in 2021, the Ministry of Health promulgated the Kenya Emergency Medical Care Policy 2020–2030. The Policy seeks to establish a functional Emergency Medical Care (EMC) system by integrating national and county health infrastructure, setting standards for quality emergency care, providing mechanisms for sustainable financing, and creating governance structures for emergency services. Importantly, the Policy aligns Kenya with the World Health Organization Resolution 72.16, which calls on all countries to ensure universal access to timely emergency care for the acutely ill and injured.

These reforms represent meaningful progress. However, enforcement remains the critical test. A right without effective enforcement mechanisms risks becoming hollow. For emergency medical treatment to be truly realized as a right, private and public institutions alike must be held accountable, and the State must play an active role in regulation, oversight, and financing.

When a Kenyan collapses, bleeds, convulses, or goes into labour, the Constitution does not ask whether they can pay. It does not distinguish between a public or private hospital. It speaks in absolute terms. The challenge before Kenya is to ensure that this constitutional promise is honoured not only in law books and policy documents, but in hospital corridors, emergency rooms, and ambulances where life often hangs in the balance.

The writer is legal commentator on constitutional and human rights issues.

Embu County Launches KSh140 Million Urban Roads Upgrade to Tarmac Standards

By BRIAN MUSYOKA 

The County Government of Embu has rolled out a Sh140 million project to upgrade several urban roads to bitumen standards in a move aimed at improving infrastructure and boosting economic activities.
Embu CECM for Roads Transport and Public Works Francis Ndwiga (4th right) when he  handed over Rostive-Woods road to the contractor Embu town. MWINGI TIMES |Brian Musyoka

The initiative forms part of Governor Cecily Mbarire’s broader development agenda focused on strengthening connectivity, stimulating trade, and uplifting livelihoods across the county.

Among the roads set for improvement are three access roads within Embu Town, Rwika Market Road in Mbeere South, Siakago Market Road in Mbeere North, and the Runyenjes Town exit in Runyenjes Constituency.

In addition to tarmacking, the works will include installation of street lighting, construction of drainage systems and culverts, as well as establishment of pedestrian walkways to enhance safety and accessibility.

County Executive Committee Member (CECM) for Roads, Transport and Public Works, Francis Ndwiga, said the upgrades will significantly improve mobility for residents, traders and motorists by providing safer and more efficient transport networks.

Speaking during the official handover of project sites to contractors on Wednesday, Ndwiga noted that the improved roads are expected to spur sustainable economic growth by easing transportation of farm produce and goods, thereby supporting farmers and local enterprises.

Rwika Market is among the areas poised to benefit greatly from the project. The market hosts the Jeremiah Nyagah National Polytechnic, which has a student population exceeding 6,000.

The institution’s Trustee and former Kamukunji MP, Norman Nyaga, described the road upgrade as a long-overdue development that will unlock new investment opportunities in the area.

He observed that the poor condition of the road had previously hindered growth at the institution, contributing to stagnation in student enrollment due to accessibility challenges. He expressed optimism that the improved road network will attract more learners and ease movement to and from the institution.

Kirimari Ward MCA Ibrahim Swaleh also welcomed the initiative in Embu Town, saying it will enhance the business environment and improve movement within the town.

He pointed out that traders have for years endured hardships caused by dusty conditions during dry seasons and muddy roads during rains, affecting business operations.

Swaleh further urged the County Government of Embu to prioritize tarmacking of roads in urban centres over repeated graveling, terming bitumen roads as more durable, cost-effective and sustainable in the long run.

Man Rescued by Well-wishers After Attack by Buffalo

‎By MWINGI TIMES CORRESPONDENT

‎A stray buffalo invaded Kanziku Ward in Kitui County causing immense injuries to a resident who is fighting for his life in hospital.  Hon Boniface Kyalo Kimuli, MCA for Kanziku ward confirmed that the man from his area was attacked by a buffalo. Well-wishers rescued the man and took him to hospital.
Tsavo East National Park which is  about 6,369km² extends into Kitui County near Taita Taveta County border. Residents of Kanziku Ward in Kitui County complain that KWS has not contained Buffalos and Elephants roaming the region maiming them and destroying property. |FILE

‎"I have been talking about wild animals for a long time. Recently we had a meeting with KWS  officials who assured us they will remove wild animals from here. That has not happened.

‎I want to remind KWS to take wild animals from our ward to stop destroying our environment and injuring residents", said the MCA.

‎He condemned KWS saying that there was no use of reacting in response when the wild animals kill residents. He reminded them that human life is move valuable than that of a wild animal and they should act immediately when people's lives are endangered by wild animals. 

‎Additionally, he told MWINGI TIMES that Kyanyaa residents in Kitui South spotted elephants. They were trekking among households and were likely to cause harm in their return to their habitat, Tsavo National Park which was 40km away.

30-Year-Old Woman Found Dead in Mbitini Lodging as Police Launch Murder Investigations

By JOSPHINE MWENDE 

A 30-year-old woman has been found dead in a lodging at Mbitini Market in Kitui Rural Constituency, sparking shock and concern among local residents.
A crime scene. |FILE

The deceased, identified as Cecilia Matheka alias Kalumu, a resident of Mbitini Location in Kisasi Sub-County, was discovered lifeless on a lodging bed on Tuesday, 10th February 2026, under circumstances believed to involve physical assault.

According to police reports, officers from Mbitini Police Station, accompanied by Detectives from the Directorate of Criminal Investigations (DCI), responded to the incident after it was reported by a concerned resident. Upon arrival at the scene, the officers found the woman unresponsive, naked, with a swollen face and visible bruises on her body, raising suspicions of foul play.

Confirming the incident, Kisasi Sub-County Police Commander Jectone Opengo revealed that the deceased had been involved in a physical altercation with another woman, identified as Conjestiner Mueni, several days prior to her death.The altercation was reportedly serious enough for the victim to formally report the matter at Mbitini Police Station.

Police records indicate that Cecilia had reported the assault and was issued with Occurrence Book (OB) number 11/07/02/2026, just days before her untimely death. Following this revelation, Conjestiner Mueni has been arrested and is being treated as the primary suspect as investigations continue.

After processing the scene, the body was transferred to the Kitui County Referral Hospital Mortuary, where it awaits a post-mortem examination to establish the exact cause of death.

Police have since launched comprehensive investigations to determine the circumstances surrounding the incident, as residents call for swift justice and enhanced security within Mbitini Market and its environs.

Vandalism Threatens Power Supply in Kitui County

By JOSPHINE MWENDE 

Vandalism of electrical infrastructure remains a major challenge to electricity stability in Kitui County, leaving many areas in prolonged darkness despite ongoing efforts by the government and development partners to expand access to power.
Residents of Kyangwithya West Ward in Kitui Central help in installing an electrical power post at Tiva Market. MWINGI TIMES |Josphine Mwende

Several parts of the county have gone without electricity for years, even after the Rural Electrification and Renewable Energy Corporation (REREC) was established and began supplying power to rural areas across Kenya. As a result, only 40 percent of institutions, homesteads, markets and urban centres in Kitui County are connected to electricity, with a significant number of residents still excluded from the grid.

In a bid to reverse this trend, the county government, in partnership with the national government through REREC, has been working to improve electricity supply across the county to enhance livelihoods and stimulate economic growth. However, these efforts have been undermined by persistent vandalism and theft of power infrastructure.

County leaders have strongly condemned the destruction and theft of electricity materials, warning that the practice is discouraging progress and slowing down development in the energy sector. They noted that vandalism not only delays access to power but also forces the government to divert limited resources to reinstall damaged or stolen equipment.

To address electricity gaps, the county government and REREC have jointly committed KSh 80 million towards electricity projects across all the eight constituencies in Kitui County. The funds are aimed at ensuring equitable power distribution to households, institutions and business centres, thereby easing business operations and improving residents’ quality of life.

Speaking during the launch of several electrification projects in villages across different wards in Kitui Central, Kitui East, Kitui Rural and Kitui West constituencies, County Executive Committee Member (CECM) for Environment, Climate Change, Energy and Human Resources, Richard John Mwendandu, strongly condemned acts of vandalism.“Vandalism has been a major setback to electricity stability and progress. Some individuals have turned the theft of power supply materials into a business, making it difficult for communities to benefit fully from government electricity projects,” said Mwendandu. He warned that anyone found engaging in vandalism would face the full force of the law and urged residents to report any suspicious activities to security agencies.

The CECM cited cases where solar panels and lighting equipment had been stolen, forcing the government to incur extra costs to reinstall infrastructure, while residents remained in darkness for long periods.He called on communities to protect public projects and avoid actions that could land them in serious legal trouble.

Mwendandu further encouraged residents to embrace productive use of electricity by supporting youth to venture into income-generating activities that rely on power, noting that the government is committed to ensuring rural communities are not left behind in development.

Echoing these sentiments, REREC officer Mr Duncan Sadia urged residents to safeguard electricity projects, describing them as key drivers of economic empowerment. He appealed to the public to report vandalism cases to local security officers or REREC offices for appropriate action.

Chief Officer for Energy and Mineral Resources county government of Kitui Mr Henry Nyamai, said the KSh 80 million projects are set to benefit households and institutions across all constituencies. He added that the county government had signed a Memorandum of Understanding with REREC to pool resources and accelerate electricity connectivity across Kitui County.

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