Winding road to justice for ‘offended woman’

By EMMANUEL WERE

Nairobi, Kenya: The long and winding process of seeking justice from the Medical Practitioners and Dentists Board (MPDB)  was highlighted on Monday after a woman, whose case has been pending for 10 years, was stopped awaiting a court case.

Njeri Kihara appeared before the full board tribunal on Monday against doctors Andrew Kibet, Andrew Ndonga and Paul Maundu and the Nairobi Hospital. She brought the case on behalf of her late husband, Gordon Kihara.

She claimed the doctors and the hospital acted with negligence leading to the death of her husband on January 5, 2002.

But in a tactical move to stop the hearing, Kibet and Ndonga moved to court on Friday last week to stop the tribunal from hearing the case.

“All proceedings in the inquiry scheduled to commence on May 20 before the first respondent (MPDB) in Tribunal Case No. 1 of 2013 between Tabitha Njeri Kihara against the petitioners (Dr Kibet and Dr Ndonga) and the Nairobi Hospital be stayed for 14 days pending the inter-parties hearing of this application and further orders of this court,” reads part of the court order issued by Lady Justice Mumbi Ngugi.

The order was served on Monday morning just before the full board tribunal sat to hear the case between Mrs Kihara and the doctors. The lawyers representing Mrs Kihara read this as a delaying tactic.

 “They are using legal process to delay the case,” said Gitobu Imanyara, the lawyer for Mrs Kihara. “We were ambushed by the court order which was given without the presence of all the parties. The court order is being used for very malicious reasons.”

The board said its hands are tied awaiting further instructions from the court. “The board having been served with the court order decided to comply,” said CEO Daniel Yumbya.

This means Kihara’s case will have to await the court decision in two weeks. It also means she will have to wait another three months before her case is heard by the full board, who sit once every three months.

The ruling of the full board tribunal is important because it gives patients a strong case to present before the court. But it is a long and winding road for many to seek justice from the board composed of doctors, whose independence and their ability to bring a fellow doctor to book has been in question for long.

“No doctor would want to appear before the court taking on another doctor in court. But when you have the decision of the full board tribunal then you have a strong case,” she said.

On January 5, 2002, Gordon Kihara felt unwell and was vomiting when he decided to seek treatment at Nairobi Hospital. He was seen by the doctors and discharged.

However, his condition worsened when he got home.  He was rushed to hospital but pronounced dead on arrival.

Mrs Kihara filed a case against the doctors and the hospital in the High Court in 2003 and presented her case to the board in 2004.

The case was heard by the board’s Preliminary Inquiry Committee who last year determined it should be heard by the full board tribunal.

Mrs Kihara questioned why his husband was not admitted for a full check-up and claims the Nairobi Hospital failed to prove they have a proper management system.