Doctors and hospitals incriminated on medical negligence cases could get away with crimes following a High Court ruling issued on Wednesday.
Justice Roslyn Aburili directed that teams formed to investigate patient claims of medical malpractice to be illegal.
According to the Judge, the investigators' committees formed within the Kenya Medical Practitioners and Dentists Board (KMPDB) were formed in contravention of the Medical Practitioners and Dentists Act.
The ruling further barred KMPDB from taking disciplinary action against individuals and facilities accused and investigated since 2013, based on the committee reports.
[caption caption="File image of Kenyatta National Hospital (KNH) surgeons in theatre"]
[/caption]
Acknowledging the serious gap presented by her new ruling, Lady Justice Aburili ordered the Attorney General to formulate new rules to govern the process.
Former Health Cabinet Secretary James Macharia formed the committees in 2013 through a gazette notice that gave powers to the Preliminary Inquiry Committee (PIC) and Professional Conduct Committee (PCC) to impose sanctions on errant medics and hospitals.
The Judge had been presented with a suit involving various parties involved in a complaint that filed with the Board in 2011.
Sybil Masinde Odero claimed that the Nairobi Hospital, Dr Bartilol Kigen and Dr Gerald Moniz were involved in the untimely death of her daughter who had delivered a baby through a caesarean section.
One year later, the board ordered that the hospital appears before the committees and after prolonged deliberations and hearings, several orders were issued including a Ksh150,000 fine.
Nairobi hospital argued that KMPDB had relegated its responsibility to the PCC. The committee was further accused of going beyond its mandate.
KMPDB stood by the decisions made by the PCC asking the court to uphold it, though the plea proved unsuccessful.
[caption caption="File image of doctors on strike"]
[/caption]
