The High Court will next month rule on the Akichelesit victims' case.
This is after the Busia County government failed to compensate 28 victims of a botched malaria injection as ordered by then Busia Resident Magistrate Josephine Maragia in 2017.
Bernard Ombui, the lawyer representing the victims, submitted before Justice Kiarie Waweru yesterday that the county government had refused to compensate the children as per the earlier ruling.
Ms Maragia had ruled that the children were victims of professional negligence and were not given proper diagnosis and treatment by a competent medical practitioner.
According to Mr Ombui, the compensation has accrued to Sh53 million.
“We are seeking for an order to compel the county government of Busia to pay the children as per the ruling that was delivered almost two years ago,” said Ombui. He said the only excuse the county was giving was lack of funds.