I want my leg back, says boda boda rider

Philip Wanyonyi.

One day in January, a 24-year-old boda boda operator woke up to find his life had changed forever.

Philip Wanyonyi had been involved in a road accident in Bungoma Town on January 10, and taken to Bungoma County Referral Hospital.

The initial diagnosis showed that corrective surgery would enable him to use his left leg again, the part of his body that suffered the biggest impact from the accident.

However, he says treatment was delayed, resulting in several days of pain and desperation.

“After good Samaritans rushed me to hospital, I remained unattended for a week, and my condition deteriorated. When I was finally attended to, medics said I would undergo minor surgery whereby metal supports would be put in my leg so that I could walk again,” he narrates.

Eventually, Wanyonyi would lose his leg in an operation that he says was conducted without his consent.

“I was with my younger brother when I signed for the minor surgery to insert metal supports.

“The operation took six hours. When I regained consciousness in my hospital bed, I heard the other patients talking about how I only had one leg. That was when I realised my leg had been amputated.”

Wanyonyi faults the staff at the hospital for not telling him the truth before he underwent surgery.

“At the time, things were moving fast; I wish I had been told the truth before being wheeled into the theatre. The medics knew what they were going to do but kept it to themselves. If they had attended to me immediately after the accident, my injuries would have been manageable,” he says.

His family had to raise Sh49,000 for the purchase of the metal implants as directed by a doctor in the hospital.

“I have never received the said equipment. The doctor promised to reimburse the cash, but we have not received that money either,” says Wanyonyi.

In addition, the boda boda rider insists that the owner of the car that hit him, a prominent businessman in Bungoma, was on the wrong, but has never compensated him.

Wanyonyi say he had only been in business for six months after taking a loan to buy the motorbike: “The accident reduced me to nothing. I sold the motorbike to repay the loan. I have slept hungry several times, which was rare when I had two legs.”

His mother, Mary Makokha, 68, says she is pained to see her son unable to continue with his life as usual.

“I want justice for my son. Why did the hospital fail to tell us that they were going to cut his leg? He used to fend for the family, but he can’t do that any more. I have had to close a grocery business to look after him. He even lost his fiancée,’’ she says.

Surprisingly, the officers at Bungoma Police Station have not received Wanyonyi’s statement, nor has he gone to court.

“I don’t have the OB (Occurrence Book) number. Where will I start this journey to seek justice?’’ he asks.

The only document he showed The Standard on Sunday was a signed agreement from the car owner’s lawyer titled ‘Case Withdrawal’ and dated February 20.  Wanyonyi says he signed the document while in hospital.

Issuing threats

“I was unwilling to sign the document, but my family was threatened and told I would be jailed and my kin forced to sell their land to save me. I had no choice but to append my signature. My brothers were also coerced into signing the document at the advocate’s office. After we had signed, my motorcycle was released,’’ he says.

Part of the document says the “parties have agreed to settle without involving the Kenya Police or court of law”. In addition, the Bungoma base commander and OCPD (Officer Commanding Police Division) are asked to act according to the agreement.

However, the businessman, David Ngunjiri, denies issuing threats, and says the document was mutually agreed upon.

Bungoma South sub-county OCPD Kirunya Limbitu said the matter was reported under OB number 08/2014 13.20hrs and asked the parties involved to come and withdraw the case if they agreed on an out-of-court settlement.

“The file is still in our possession. The complainant and accused have never returned to the station to continue with the case in  court. If they are unwilling to do so, they should come and withdraw the case from the police station,’’ says Limbitu.

When reached for comment, Bungoma County Referral Hospital Medical Superintendent Sylvester Mutoro said: “I am one month old in the office. I need to look at the file of the said patient before responding because it happened seven months ago.’’

Bungoma Governor Kenneth Lusaka says the matter will be investigated to ascertain if there was medical negligence, or the procedure was the only option to save the young man’s life.

“We shall investigate the incident and if we find out it was a case of medical negligence, the medics who carried out the surgery will be held responsible and face the law,’’ Lusaka says.

Wanyonyi says, “I hope one day I will get justice, to be able to walk and earn my living again. That day, when I left home for work, I did not know my life would change drastically. My prayer is to get an artificial leg so that I can go back to work and help my ageing parents as I was their sole breadwinner.”