A Nairobi man has dragged Luton Hospital, its owner and a pharmacist to the High Court, accusing them of allegedly selling him expired probiotic medication that triggered severe leg swelling and long-term health complications following a routine endoscopy procedure.
Mr Dominic Osiemo Nyang’au filed the petition claiming that the Luton hospital ’s pharmacy dispensed a batch of Zifam Probio (Saccharomyces boulardii) sachets that had expired in February 2026, more than a month before he began taking them at the end of March. He says the drugs were part of a post-procedure prescription issued after he underwent an endoscopy at the China Centre facility on Ngong Road on March 18.
According to court papers, Nyang’au was discharged the same day after paying Sh15,000 for the procedure and related services. Luton hospital pharmacy had only the Probio in stock; the second prescribed drug, Laekit, had to be purchased elsewhere. Three days after starting the Probio on March 31, Nyang’au developed excruciating pain and swelling in his lower limbs. His referring doctor, Dr Charles, advised him to check the expiry dates. Examination of the sachets confirmed the February 2026 expiry.
Nyang’au reported the matter to Nairobi Central Police Station. Officers from the Pharmacy and Poisons Board were called in, verified the expired drugs, and on April 9 raided the hospital pharmacy, seizing samples and issuing a formal closure notice citing violations of the Pharmacy and Poisons Act. The notice, described the premises as operating in a manner constituting “immediate danger to public health and safety.”
The petitioner claims the ingestion of the expired medication has left him unable to work as an MC, journalist and footballer. He says he now requires daily therapy sessions, expensive orthopedic compression socks and has been advised against prolonged standing or walking. Medical reports from Mama Lucy Kibaki Hospital diagnose food poisoning and H. pylori, linking the symptoms to the incident. Invoices for therapy and compression stockings were attached to his supporting affidavit.
The petition further alleges that attempts at an out-of-court settlement collapsed when the hospital owner, Dr Albert Ogendi Mandela (named as the second respondent), allegedly resorted to threats and blackmail, claiming political connections. Nyang’au says one meeting ended with the doctor warning that the petitioner and his advocates were being “followed” and that they would “regret” pursuing the matter.
In the accompanying Notice of Motion, Nyang’au is seeking urgent ex-parte conservatory orders to keep the hospital pharmacy closed pending the full hearing and an injunction restraining Dr Mandela, his agents or servants from threatening or interfering with him or the ongoing investigations. He also wants the court to declare the respondents negligent and award him Sh200 million in compensation for medical bills, lost income, pain, suffering and permanent health hazards.
On May 7, 2026, High Court Judge Gregory Mutai issued directions in the urgent application. The petition and motion must be served on all parties within three days, with an affidavit of service filed immediately thereafter. Respondents have 14 days to file their responses, after which the petitioner has seven days to file a rejoinder if necessary. The matter will be mentioned for further directions on June 17, 2026.
