Distraught parents turn to the courts
March 16th, 2009
By Alex Kiprotich
The father of a girl who died in a boarding school has gone to court to compel the institution’s management to release her medical report.
Mr Joseph Kiplang’at Koech, whose 12-year-old daughter Linda Chepkorir Koech died in mysterious circumstances last July wants, wants Gilgil Hills School to release the certificate to use it to pursue compensation from her insurers.
In his affidavit, he accuses the school of "inexplicable refusal to release,’’ the report. It further reads: "…there is reasonable apprehension that its said refusal could in fact be part of a cover-up of its negligence in its care and treatment of Linda…"
In the affidavit, sworn before his lawyers on February 18, seven months after the death, Koech said: "…Linda Chepkorir Koech died under uncertain circumstances whilst under the custody and care of the defendant. All that the defendant disclosed to the plaintiff was that Linda Chepkorir Koech had been ailing and that she succumbed to the illness whilst receiving treatment from the school’s matron.’’
Through their lawyer Andrew Mukite Musangi, Koech wants the school ordered to furnish him with the report detailing the nature of the ailment that Linda succumbed to and the treatment dispensed.
Kept in the dark
The family wants to know why they were not informed of their child’s sickness. "I was profoundly surprised by the turn of events and was obviously keen to establish the actual cause of her death. This was more so the fact that the defendant had not communicated to me of my daughter’s ailment before her demise, in which case I would have most likely visited her and assessed her condition, and I would perhaps have taken her to a better medical facility."
Musangi said the refusal by the school to release the report has caused the family anguish and pain. He says there was sufficient ground for the family to fear that the defendant could destroy or manipulate Linda’s medical records.
"There is the likely danger that the defendant could destroy medical records on Linda sought in this suit if the disposal of this application and suit are delayed," reads the civil suit filed in the Chief Magistrate’s Court at Nakuru.
Koech says his family has not been able to process compensation from his health insurer - AAR Health Service - because the insurer wants the medical report.
In his supporting affidavit, Koech says despite his employer FMD East Africa writing two times to the school asking for the release of the report, the defendant did not respond. The defendant also ignored a demand letter from the family’s advocates.
source.standard.ke