By Kiprop Brian
A Nairobi court has awarded a woman and her husband over KSh 157 million in damages after a surgical procedure at Aga Khan Health Service Kenya went tragically wrong nearly two decades ago.
Delivering the judgment, High Court Judge Alexander Muteti found the hospital and its gynecologist grossly negligent for removing the woman’s cervix without her consent during a procedure that was only meant to remove her uterus and ovary in September 2006.
In a scathing ruling, Justice Muteti said the doctor—referred to as the "first doctor"—violated the woman’s bodily autonomy and caused permanent harm. The court further faulted Aga Khan Health Service Kenya for allowing the doctor to practice despite being previously banned from medical practice in Uganda. Additionally, the hospital was cited for failing to provide essential medical equipment, which led to delayed diagnosis and complications that required treatment abroad.
While a second doctor involved in the surgery was cleared of wrongdoing, the hospital was held vicariously liable for its role in facilitating the doctor’s actions and failing to meet acceptable standards of care.
According to court documents, the woman suffered severe physical injuries, lost her ability to work, and experienced a drastic reduction in her quality of life. She testified that the loss of her cervix had not only resulted in long-term medical complications but also affected her sexual health and intimacy with her husband, necessitating expensive specialist care in South Africa.
Justice Muteti acknowledged the couple’s claims of emotional, physical, and financial suffering, noting that the injuries were not only traumatic but would also require lifelong medical support.
The KSh 157 million award includes compensation for lost income, future medical treatment, emotional distress, and loss of consortium.
Legal and medical experts say the ruling could mark a turning point in how malpractice cases are handled in Kenya, especially in private health institutions where accountability has long been a concern.
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