A German plastic surgeon based at Aga Khan University Hospital is free to practise after a court dismissed a case filed against him by three doctors.
Doctors Stanley Khainga, Loise Kahoro and Ferdinand Kangole had accused their regulator of giving licences to a foreign surgeon yet there is local expertise.
Through the Kenya Society of Plastic and Reconstructive Surgery, they sued German Dr Tilman Stasch, the Kenya Medical Practitioners and Dentists Board, Columbia African Healthcare, Aga Khan University Hospital and Medical Services and Immigration directors.
But Justice James Makau on November 26 ruled that the petition by the three doctors had no merit.
“I find the petition herein to be based on malice and on trivial matters. The same no doubt is vexatious, frivolous and an abuse of the court process,” Makau said.
"The upshot is that the petition herein is without merits and is bound to fail. I accordingly dismiss the petition with costs to the respondents."
The doctors said in the petition there was no evidence that the Columbia board and Aga Khan University Hospital had interviewed Kenyans for the post before handing it to a foreigner.
They said several locally trained or Kenyan plastic surgeons practise medicine either with government or in private and need protection from the influx of foreigners.
The petitioners said Dr Stasch had described himself as being more qualified because he is white and a foreigner to mislead the public.
The association further wanted the court to bar Aga Khan University Hospital from employing Dr Stasch as he had come to the country as a conference assistant and not an authorised surgeon.
“We feel that the employment of foreign doctors in our leading private hospitals on account of misrepresentation of false experience is a threat to the medical profession and a violation of consumers’ right to qualified surgeries,” Khainga said.
Dr Stasch, however, argued that his colleagues were out to tarnish his record due to his rising star. He said that he had performed more than 200 successful surgeries in Kenya since 2016.
“The petition is perpetuated by malice and based on unfounded facts aimed at tainting my reputation as a highly qualified plastic, reconstructive, hand, and aesthetic surgeon.
"The allegations are scandalous and have no truth whatsoever.”
Dr Stasch said he had obtained all permits and approvals to practice in Kenya.
