State witness wants JSC, DPP, and AG to compensate him Sh4 million for cardiac arrest
A State witness wants the High Court in Mombasa to order the Judicial Service Commission (JSC), Director of Public Prosecutions (DPP) and Attorney General (AG) to pay him Sh4 million after he suffered cardiac arrest.
Philip Oremo Jagero, 50, claims that he developed the condition after the State agencies failed to reimburse him money to travel to Kisumu for an appointment with a doctor.
The petitioner who testified for the State in a child trafficking case in Mombasa claims that because of this development he suffered a second attack for which he is seeking compensation.
“The respondents (JSC and DPP) to allocate me Sh4 million as a matter of urgency to cater for my medical transport and accommodation abroad as a matter of life and death pending the hearing and determination of the matter,” said Jagero.
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Mr Jagero who appeared before Justice Eric Ogola said that on November 12, 2018 the magistrate court in Shanzu declined to reimburse him his travel expenses when he suffered a second cardiac attack and was admitted for three weeks at Coast General Hospital.
The petitioner claims that the court declined to reimburse him because the organisation he was working for was based in Mombasa.
He said that his health had deteriorated and can only be treated overseas according to a referral by Coast General Hospital.
“I have since been referred to overseas for urgent surgery since my condition has worsened due to denial of means to travel back for treatment by the Hon Court in Shanzu hence my admission and the referral,” said Jagero.
He said that he does not have any funds to enable him get treatment from the hospital that admits his NHIF card in Kisumu.
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Justice Ogola ruled that he could not issue any orders on the application until Jagero proves that the JSC, DPP and AG were responsible for his condition and that he was entitled to the compensation.
“How will the court order that you be given Sh4 million without showing proof? What if you fail to convince me that you are entitled to the award, how will that look,” posed the judge who advised the petitioner to proceed with his petition for an expeditious hearing.
Ogola also helped him raise Sh7,500 to facilitate his transport back to Kisumu to receive medication before going for surgery.
Jagero argued that JSC and DPP violated his fundamental and constitutional rights to access treatment at St Jairus Hospital in Kisumu and specialized treatment at the Tenwek ATC Mission Hospital in Bomet County.
“The respondents (JSC, and DPP) exposed me to danger and unwarranted suffering which occasioned a cardiac condition to worsen after suffering yet another attack due to lack of medication denied to me by the Shanzu Court,” he said.
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He said that he was admitted to Coast General Hospital between November 12 to 30, 2018. “This is a matter of life and death, I do not know if I will survive the surgery, but I want the money to seek treatment and then I will pursue other damages later,” said Jagero.
The petitioner was a state witness in a case where Rose Mwikali Muindi aka Jamila Mwikali Muindi was charged in Shanzu Law Courts with giving false information to Kongowea assistant chief.
Ms Muindi was charged that on July 18, 2014 she informed the assistant chief that she had given birth to a boy and led the chief to issue a certificate for Hert Ali.
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Director of Public ProsecutionsAttorney GeneralSh4 millionHigh CourtJSC