High Court Grants Defendant’s Motion to Call Additional Witness in AKI Case

MCA Director Mr Essa Marenah © Askanwi

By Edward Francis Dalliah

The High Court has ruled in favour of the third, fourth, and fifth defendants in the ongoing Acute Kidney Injury (AKI) case, granting their motion to call an additional witness and accepting the witness statement as properly filed. Justice Ebrima Jaiteh delivered the ruling on Thursday, 27th November 2025.

In his decision, Justice Jaiteh said he had reviewed the application, the supporting affidavit, and the arguments from both defence and plaintiff counsel. Although the plaintiff challenged whether the defendants had met the threshold to introduce a new witness, the judge held that the interests of justice justified allowing the testimony.

He noted that several questions posed during the cross-examination of Mr Essa Marenah of the Medical Control Agency could only be “adequately answered by a representative of the Ministry of Health, the fourth defendant.” The judge further highlighted that Dr Mustapha Bittaye, former Director of Health Services and now Chief Medical Director at Edward Francis Small Teaching Hospital, “has direct and first-hand knowledge of key issues relating to the AKI outbreak”.

“His testimony would therefore enable the court to receive material clarifications necessary for the just and complete resolution of this suit,” Justice Jaiteh said. Following the ruling, the case was adjourned to the 8th, 9th, and 11th of December 2025 for the continuation of Mr Marenah’s cross-examination and the commencement of the cross-examination of Dr Bittaye.

The AKI court case started in 2023, a year after the tragic deaths of more than 70 children were linked to contaminated cough syrups imported from India. In July 2023, some 27 bereaved families of the victims filed a civil lawsuit at the High Court of The Gambia against the government and two pharmaceutical companies seeking justice, accountability, and compensation. The case marked the first time parents formally took legal action following the 2022 Acute Kidney Injury outbreak.

Bereaved AKI Parents © Askanwi