Medic in botched breast surgery probe gets court reprieve

Embattled Nairobi Hospital surgeon Stanely Khainga has won temporary reprieve after the court quashed his suspension from work.

The doctor is locked in a legal tussle over an investigation involving the death of Ms June Mulupi as a result of a botched breast enlargement surgery.

The Employment and Labour Relations Court on Thursday last week temporarily halted the Nairobi Hospital decision to suspend the doctor.

Justice Byram Ongaya issued the order after Prof Khainga sued Nairobi Hospital for cancelling his admission rights at the health facility over what it termed as a conflict of interest on his part.

“In such circumstances, it is the court’s opinion that public interest and balance of convenience between the parties would favour the court to intervene so that the affected patients who may require Prof Khainga’s services as accessed through Nairobi hospital through his admitting rights are not unduly disadvantaged,” said Justice Ongaya.

Nairobi Hospital last month barred the doctor from admitting patients at the facility. Prof Khainga has had a working relationship with the hospital for the past 12 years.

He is contracted to bring in patients and attend to them at the health facility. The hospital bills the patients Prof Khainga admits to the facility. The hospital deactivated the doctors practising card as well as his reporting access to the premise.

The doctor’s main argument in the suit filed in court is that he was sent on suspension simply because he had filed another case at the High Court, which is still pending.

In the High Court suit, Prof Khainga together with two other doctors — Martin Ajujo and Evan Cherono — faulted the Kenya Medical Practitioners and Dentist Board for excluding the Nairobi Hospital as well as a Dr Reuben Okioma from the inquiry into the death of Ms Mulupi.

The deceased underwent a breast enlargement surgery at Prof Khainga’s clinic, which is based in Nairobi.

However, she was admitted at Nairobi Hospital’s High Dependency Unit days later after allegedly suffering complications from the surgery before meeting her death

But even before the matter was determined, the hospital opted to suspend Prof Khainga on October 8, saying he had ruined the its reputation by filing the case.

Prof Khainga told Justice Ongaya that his suspension was capped with malice and denied him a right to his livelihood yet the inquiry is still ongoing.