Court stays decision to suspend surgeon after fatal breast surgery

November 9, 2018 (2 weeks ago) 12:17 pm
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Justice Bryan Ongaya of the Employment and Labour Relations Court suspended the decision by the board until the hearing and determination of a petition lodged against it/FILE

, NAIROBI, Kenya, Nov 9 – The High Court has stayed a decision by the Nairobi Hospital Management Board to suspend top surgeon Stanley Ominde Khanga.

Justice Bryan Ongaya of the Employment and Labour Relations Court suspended the decision by the board until the hearing and determination of a petition lodged against it.

“Pending the hearing of the petitioner’s application there shall be a stay of implementation of the decision suspending the applicant’s admitting rights” he ruled.

Khanga had applied to the hospital to use its facilities as a consultant plastic and constructive surgeon on August 7, 2006 and the request was approved.

The applicant through lawyer Kiama Wangai, told the court that on June 6, 2018 a patient by the name June Wanza Malupi was referred by the doctor from his medical facility to the hospital to undergo breast augmentation and liposuction.

Following the operation, the patient passed away and the hospital blamed the surgeon and suspended his admitting rights.

Wangai said that by the time the suspending orders were issued, no investigation had been carried out.

Khanga was aggrieved by the decision and urged the court to lift two suspension letters issued by the hospital management.

He pointed out that the suspensions were against the 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 the petitioner and hospital management,” the lawyer argues.

Wangai contended that no investigation had been conducted in relation to the death.

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