Questions as Lenolkulal tells court he faces health risk that experts say only affects pregnant women
Former Samburu County Governor Moses Lenolkulal when he appeared at the Milimani Anti-Corruption Court on August 29, 2024.
What you need to know:
- Mr Lenolkulal’s application through lawyer Isaac Rene mentioned pre-eclempsia five times.
- The former Samburu governor was fined Sh83.4 million by the court following his conviction.
Former Samburu Governor Moses Leolkulal launched a spirited case to secure his release on bail by the High Court after being sentenced by the anti-corruption court, going as far as mentioning a condition called pre-eclampsia.
Saying the condition can be a consequence of his hypertension, he listed this in his court filings as one of the reasons why the High Court should set him free pending the hearing of his appeal.
In her summary of the pleadings presented to her, Justice Diana Kavetza of the High Court in Kibera relayed what was argued about the health condition.
“It is further deponed that (Mr Lenolkulal) suffers from a repeated bout of hypertension and there is a high risk that being confined to jail could trigger rapid health deterioration and a life-threatening condition named pre-eclampsia,” the judge stated in her ruling.
Mr Lenolkulal’s application through lawyer Isaac Rene mentioned pre-eclempsia five times.
However, experts and publicly available information indicate that pre-eclempsia is a pregnancy-related complication.
Gynaecologist Nelly Bosire told Nation Africa that pre-eclampsia only happens as a result of pregnancy.
"You do need to be pregnant for you to be affected by pre-eclempsia. That basically tells you how it cannot happen in a man," said Dr Bosire. "It is not just any hypertension. It is hypertension associated with several other things that are directly related to pregnancy."
According to an online resource by the UK’s National Health Service (NHS), pre-eclempsia is a condition “that affects some pregnant women, usually during the second half of pregnancy (from 20 weeks) or soon after their baby is delivered”.
NHS further adds that the signs of pre-eclempsia include severe headache, vision problems, pain just below the ribs, vomiting, and a sudden swelling of the face, hands or feet.
In his advice to a reader in the June 16, 2015 edition of Daily Nation, Dr Torooti Mwiri wrote that pre-eclampsia, when not treated, grows to eclampsia where a woman starts to develop seizures.
“If not treated, pre-eclempsia can result in serious complications which include premature delivery, slow growth, the mother may experience clotting and bleeding disorders or problems with the kidney and liver,” wrote Dr Mwirigi.
“Pregnant women with pre-eclempsia require close monitoring by the doctor and frequent antenatal visits as well as several tests to ensure that the baby grows to maturity.”
The ex-governor’s co-accused, Hesbon Wachira Ndathi, told the same court that type two diabetes “with a complication of peripheral neuropathy”.
“[He] has been on treatment since the year 2023 hence his medical condition would certainly cause grave danger to his life if in detention,” the judge’s summary stated.
His lawyers stated in the application: “His medical condition would certainly cause grave danger on his life if in detention whilst the appeal is pending hearing and determination.”
The two were finally released on a Sh10 million bond each with a surety of the same amount, but it is not their medical conditions that convinced the judge.
While ruling on their conditions, the judge noted that treatment can be given even in custody. Citing two Court of Appeal rulings, the judge noted that being indisposed is not a ground for avoiding detention.
“[The] court held that it does not amount to an unusual or exceptional circumstance as the applicant can obtain medical care from the prison facilities, and if need be, can be referred to government health facilities for further treatment. As such I reject the said grounds [medical problems] in their entirety,” noted Justice Kavetza.
What made her consider releasing them, the judge said, is that they had illustrated that their appeal was arguable. She also certified the matter as urgent.
The governor and Mr Ndathi were each slapped with a fine of at least Sh83 million, and in default serve eight years in prison.
