THE RIGHT TO EMERGENCY MEDICAL TREATMENT: 18 HOURS IN AN AMBULANCE!

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.