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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