A doctor whose rights to admit patients at Nairobi Hospital had been suspended has lost an appeal to have them restored.
The hospital suspended Prof Stanley Khainga from admitting patients to the hospital after a botched breast enlargement operation ended in the death of the patient.
But when the hospital blocked him from getting his patients to the premier hospital, he dashed to court and got an order in his favour that lifted the ban.
On Monday, however, Court of Appeal Judges Wanjiru Karanja, Martha Koome and Sankale Kantai decided that the hospital had the right to block Khainga, albeit temporarily.
Last year on November 8, Judge Byram Ongaya restored Khainga's rights pending hearing and determination of a case he had filed challenging the order.
Justice Ongaya had held that the hospital did not follow the right procedure.
“An order is hereby issued stopping Nairobi Hospital from implementing the decision to suspend Prof Khainga’s admitting rights at their facility pending the hearing and determination of the dispute,” the judge ruled.
Prof Khainga’s trouble began in 2018 when June Mulupi, a patient at Surgeoderm Health care Limited, died. The patient went through surgery at his clinic but when complications arose she was transferred to Nairobi Hospital where she died.
Pathologists concluded that Mulupi died as a result of negligence.
This led to the suspension of his admission rights.
Khainga and his colleagues Martin Ajujo and Evans Cherono have since filed a case at the High Court, claiming that they were unfairly targeted and blamed for the tragedy.
Convincing the appeal court to suspend the implementation of proceedings before the Labour Court, the hospital had said, it has a reputation to protect.
It said it has an arguable appeal and if order is not upset, its appeal will be overtaken by events.
Khainga, in response, said he had not even returned to the hospital and given that his case before labour court is not finalised, the orders sought by the hospital should be declined.
The three judges noted that the appeal is arguable.
Edited by R.Wamochie
