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Nairobi Women Hospital v. Purity Kemunto Makori

(2020) JELR 98624 (CA)

Court of Appeal  •  Civil Appeal N289 of 2019  •  20 Nov 2020  •  Kenya

Coram
Wanjiru Karanja, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Nairobi Women Hospital, the appellant, has challenged the judgment of the High Court (Mbogholi-Msagha, J.) delivered on 16th May 2018 awarding the respondent, Purity Kemunto Makori, general and special damages of Kshs.54,712,078.00 as compensation for medical negligence.

2. The evidence on record shows that the respondent, then an expectant mother, was booked and admitted at Nairobi Women Hospital (the Hospital) on 27th May 2007 on self request for induction of labour at 40 weeks gestation. Prior to her admission, she had been attending ante-natal clinics at the Hospital since February 2007. Evidence was led that she was admitted to the Labour Ward of the Hospital and “all findings were normal, she was well and the baby was not in distress .”

3. However, according to Professor Kiama Wangai, whose medical report was tendered in evidence before the trial court, the respondent and her baby were poorly monitored; the last observations were done on 29th May 2007 at 10…

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