RULING OF THE COURT
The applicants, Jones M. Musau and Magdalene Wayua Mavyuva, are the legal representatives of the estate of the late Benjamin Mavyuva Mwangangi. In August 2008, the deceased had been admitted at the Nairobi Hospital, which is operated by the 1st respondent, and was undergoing treatment under the care of Peter Mungai Ngugi, the 2nd respondent. The deceased underwent two surgeries performed by the 2nd respondent, and eventually died on the 29th August 2008. The applicants lodged a complaint with the Medical Practitioners and Dentists Board which determined that the deceased succumbed to acute peritonitis arising from a perforation of the bowels caused by medical malpractice by the respondents herein.
Based on that report, the applicants sued the respondents for negligence by way of a plaint dated the 19th December, 2013 and amended on the 3rd April 2014. The respondents applied to have the plaint struck out for disclosing no reasonable cause of action and for being stat…