A patient, Mr. Alex Madaga died at Kenyatta National
Hospital after he was denied emergency medical treatment in various medical
facilities and had to be in an ambulance for 18 hours since it was the only
medical facility available to him. It is alleged that at least four hospitals
had refused to admit him because he could not pay Ksh. 200,000 for his
admission to the hospitals. At Kenyatta National hospital he could not be
admitted because there was neither a bed at the hospital Intensive Care Unit
nor a ventilator to help him breath. His chances of survival were hence not
helped by being denied Intensive Care for 18 hours and by the time he was
admitted the chances of his survival were so minimal that the family was faced
with a dilemma of whether to switch off the life support and allow him to die.
The right to Emergency medical treatment is a right that
each and every Kenyan is entitled to, as per Article 43(2) of the constitution read
together with Article 27 that provides that everyone has freedom from discrimination
either directly or indirectly and that all have equal opportunity in political,
economic, cultural and social sphere. Article 26 further provides that every
person has the right to life and that it shall not be derived of intentionally.
Mr. Alex Madaga rights were violated; every person has the
right to enjoy the rights and fundamental freedoms in the bill of rights to the
greatest extent. He was unable to enjoy his rights due to economical
discrimination of his inability to afford the needed medical fee. More so the state
and every state organ has a constitutional fundamental duty to observe,
respect, protect, promote and fulfil the rights and fundamental freedoms in the
bill of rights. The right to emergency medical treatment and right to life that
the Mr. Alex Madaga is entitled to were unfulfilled by the state. The late Mr.
Alex Madaga terrifying story is a story that many people who are already in the
cemetery have and it is a story that needs to stop now!
The state has failed Mr. Alex Madaga for failing to ensure
the largest hospital in Eastern and Central Africa serving millions of people
has enough facility for medical treatment and has only 21 beds for Intensive
care Unit as per the present status. The Health Facilities have failed Mr. Alex
Madaga for placing money before his life. We have failed Mr. Alex Madaga for
failing to put our leader to account on how they spend our resources carelessly
and leaving our health in sorrowful state. I have failed Mr. Alex Madaga for
not speaking out on things that matter.
