How Kenya Abandoned Dr Mogusu in Life and Death

The tragic story of 28-year-old medical officer Dr Stephen Mogusu, who lost his life while bravely serving on the frontlines during the COVID-19 pandemic, has brought to light the heartbreaking plight of healthcare workers who risked their lives to protect others.

Despite his tireless dedication, Dr Mogusu's family has been left to grapple with the heavy burden of a prolonged legal battle against the government, which they claim neglected its duty to provide him with proper safety gear and compensation. Hired by the Ministry of Health in June 2020 at the height of the pandemic, Dr Mogusu's employment contract promised a monthly salary of Sh49,000 with allowances. However, the stark reality was that he never received a single cent of his five-month salary, even as he selflessly treated patients without the necessary personal protective equipment (PPE).

The injustice compounded when, after contracting the virus himself, he was denied admission to a public COVID-19 hospital due to his inability to pay the exorbitant Sh200,000 deposit. In the wake of Dr. Mogusu's tragic demise on December 7, 2020, his family has been engaged in a protracted legal battle against the government agencies involved, including the Cabinet Secretary, Ministry of Health, Public Service Commission, and the Attorney General. The lawsuit, filed on October 31, 2022, by MNW & Advocates LLP on behalf of Dr. Mogusu's widow, Jackline Wanjiru, and his sister, Doreen Kerubo, alleges negligence and a failure to provide adequate medical coverage, which they argue led to his untimely death.

Despite the Public Service Commission's (PSC) efforts to mediate a settlement, the dispute remains unresolved. The court-ordered timelines for reaching an agreement have lapsed, leaving the family to navigate the inevitable prolonged proceedings which have only compounded their pain and suffering. The interested parties in the case include Kenya Medical Practitioners, Pharmacists and Dentists Union. In a recent affidavit, the acting chief executive officer of the PSC, Mr Remmy Mulati, revealed that the commission had twice written to the Ministry of Health, urging an out-of-court settlement, but these efforts have yet to yield any tangible results.

The government agency had determined that Dr Mogusu, who tragically passed away after contracting the virus during the course of his work duties was eligible for financial support through the compensation system. This determination was made by the former head of the agency Simon Rotich who urged the Principal Secretary Ms Mary Muthoni Muriuki to engage with the petitioners to resolve the matter out of court. Following the court's instructions on November 14, the PSC sent another reminder to the ministry on November 15, 2023, emphasizing the need for a settlement before the next mention date in court on December 13.