Appeal by daughter to late Chief Justice Zaccheus Chesoni still pending

Atsango Chesoni (left) daughter of the late Chief Justice Zaccheus Chesoni (right) appealed a court ruling that cleared Dr David SIlverstein over her father’s death. [PHOTO: FILE/STANDARD]

By MAUREEN ODIWUOR

Kenya: A case lodged by the daughter of late Chief Justice Zaccheus Chesoni at the Court of Appeal over her father’s death is yet to be concluded 14 years after he was laied to rest.

Atsango Chesoni appealed against two rulings, one by a medical tribunal and the other by the High Court, which absolved her late father’s long-time physician, Dr David Silverstein of any responsibility for his death.

The late CJ died two weeks after being admitted at Nairobi Hospital and diagnosed with gout by his personal doctor of 27 years. However, it was later discovered that he was suffering from pneumococcal meningitis, and penicillin was administered as part of the treatment regimen.

Chesoni was admitted to the hospital, favoured by prominent Kenyans, on August 24, 1999 and succumbed to a heart attack on September 5. Afterwards, his daughter, Atsango, lodged a complaint with the Medical Practitioners and Dentists Board claiming professional negligence on the part of Dr Silverstein.

As required by law, the board’s tribunal conducted hearings and in its decision delivered on February 18, 2000, Dr Silverstein was cleared of all the three charges made against him.

The first charge alleged that he failed to make appropriate and timely diagnosis to facilitate appropriate treatment of the late CJ, hence endangering his patient’s life.

The second charge against Dr Silverstein accused him of failing to carry out a complete history and physical examination and failing to do careful coordination of investigation that led to the alleged inappropriate treatment.

Charges dismissed

The third charge was built on the days Dr Silverstein was absent, with the claim that he left his patient under the care of other doctors who the plaintiff believed were less qualified.

But the tribunal dismissed the charges and determined that timely treatment to preserve life had been administered. It said Dr Silverstein carried out the appropriate examination and treatment.

Atsango was aggrieved by the decision and on March 2000, she filed an application at the High Court challenging the board’s decision. The case was heard between January 31, 2005 and February 3, of the same year. Atsango’s lawyer relied heavily on the preliminary enquiry report.  

In response, Dr Silverstein’s lawyer said it was not clear what might have caused the death of the late CJ because his family refused to allow a post-mortem to be done on the body.

He said the CJ had been his client’s patient for 27 years, and that the preliminary inquiry was biased because it denied Dr Silverstein a hearing.

In their ruling, High Court judges Phillip Ransley and Jackton Ojwang agreed and dismissed the application on May 13, 2005 saying it was clear that the late was accorded the best medical care possible.

The court ordered Atsango to reimburse Dr Silverstein the costs he incurred.

However, not satisfied with the High Court decision, Atsango moved to Court of Appeal to contest the two judges’ decision. The matter is still pending.