High Court Quashes Nairobi Hospital Board’s Decision To Suspend Surgeon

by Mahakamani News

High court has suspended move by Nairobi  Hospital  management board to suspend top surgeon Professor Stanely Ominde Hkanga.

Employment and Labour Relations Court judge  Justice  Bryan Ongaya, said decision by hospital management board as contained in letter dated 8 October 2018 will  remains suspended until the hearing and determination  of petition lodged against the hospital board  management.

“Pending the hearing of te petitioner’s application there  shall be a stay of implementation of the decision suspending the  applicant’s admitting rights” judge said

Professor Khanga had applied to the hospital to use its facilities as a consultant plastic and constructive  surgeon on 7 August 2006 and the same was approved as a courtesy member of staff with admitting rights.

The  applicant  through his lawyer Professor Kiama Wangai,  told the court that in 6 June 2018a patient by the name June Wanza Malupi was referred by the doctor from the applicant’s medical facility to the  hospital to unde go breast augmentation and ;liposuction.

The  patient after  operation she passed on and the  hospital  blamed the applicant being the reason for suspending his admitting rights, the lawyer told the court.

Professor Stanely Ominde Khainga petitioned that Employment and Labour Relations Court to lift two suspension letters issued by the Hospital management one dated 8 October 2018.

He also claimed that the management has acted contrary to its information contained in booklet by the standard audit and ethics committee which guideline on how such suspension can be issued against a doctor.

Professor Wangai said that  by te time the suspending orders were issued no investigation has been carried out.

Professor  Khainga was aggrieved with decision  and sought Employment and Labour Relations Court  to lift two suspension letters issued  by the  Hospital management one dated 8 October 2018.

He said the  suspension is  against  rules of natural justice meant  to deny the petitioner’s right to earn a living.

“The reason for suspension of admitting rights have no connection to employment contract  with petitioner and  hospital management” the lawyer says.

Professor Wangai contented that no investigation has been conducted in relation to the death June Malupi who passed on while undergoing operation.

The management has acted  contrary to its information contained in booklet by the  standard audit and ethics committee which guideline on how such suspension can be issued against a doctor.


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