KENYA:Doctors in botched surgery reject panel’s ruling

February 2019 Business Daily;Two of three doctors involved in a botched breast surgery that led to the death of Ms June Wanza Mulupi are seeking court orders to stop the ongoing disciplinary process against them.

Prof Stanley Ominde Khainga and Dr Martin Ajujo have moved to court claiming that the Preliminary Inquiry Committee (PIC) that found them culpable and recommended further investigations and charges against them had overstepped its mandate.

The deceased underwent a breast enlargement surgery at Prof Khainga’s Surgeoderm Healthcare Clinic, which is based in Nairobi.

The Preliminary Inquiry Committee last month found Prof Khainga, Dr Ajujo and Dr Evans Charana culpable and recommended to the Kenya Medical Practitioners and Dentists Board (KMPDB) a full board inquiry and charges of misconduct against them.

“An order or prohibition be directed to the 1st respondent (PIC) and the 2nd respondent (KMPDB) restraining the 1st respondent and the 2nd respondent from taking any action against the applicants on the decision,” reads one of the orders sought by the doctors.

They claim that the 11-member committee has no powers to direct the board, arguing that its authority was limited to making considerations on whether the case had raised grounds for admission but not delving into the merits of the case.

The doctors further claim that PIC failed to follow the official complaint process, which was allegedly raised only against Surgeoderm and not the doctors.

PIC found that Dr Ajujo, who led the procedure, was still a trainee and was not licensed to conduct surgery without the supervision of a practising plastic surgeon.Preliminary investigations found that the clinic had operated without a licence for some months before Ms Mulupi walked in for the second of a three-part surgery.

The patient underwent cosmetic breast operation at Surgeoderm Healthcare Clinic in Nairobi but died after being transferred to the Nairobi Hospital.

KMPDB, which is listed as a respondent, launched investigations into the death targeting the health facility and the doctors who performed the operation.

The late Wanza’s husband, Joseph Mulupi, who filed the complaint with KPMDB, is listed as an interested party in the latest suit, alongside Nairobi Hospital and the PIC members.

The doctors have in the previous case filed in court dragged Nairobi Hospital into the controversy, questioning why KMPDB is not investigating the facility.

The petitioners accused KMPDB of bias and are demanding to know the grounds on which the Nairobi Hospital and a Dr Okioma, who allegedly performed the final procedure that caused the complications and death, were left out of the investigations.


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