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Nairobi Hospital v. Stanley Ominde Khainga

(2020) JELR 98628 (CA)

Court of Appeal  •  Civil Application 374 of 2018  •  24 Jan 2020  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Sankale ole Kantai

Judgement

RULING OF THE COURT

It is common ground that the respondent, Professor Stanley Ominde Khainga owns or manages a health facility Surgeoderm Health Care Limited where a patient, the late June Wanza Mulupi was attended to. An operation carried out there did not end up well and the said patient was referred to The Nairobi Hospital, the applicant herein, where she was admitted to the ICU and died. Two pathologists out of three who carried out an autopsy on the body of the deceased reached the conclusion that the death of the deceased ocurred out of some negligence on the part of the respondent.

Following those events the applicant by a letter dated 8th October, 2018 suspended the respondent's “admitting rights” with immediate effect for what it said was to save its reputation as a reputable hospital in Kenya and in the region.

The husband of the deceased filed a complaint at the Kenya Medical Practioners and Dentists Board against the respondent and thereafter the respondent filed a petition …

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