Court slaps Pumwani Hospital with Sh7.5mn payout for violating woman’s rights in botched delivery case » Capital News

NAIROBI, Kenya, Aug 13 – The High Court has ordered Pumwani Maternity Hospital to pay Sh 7.5 million in compensation to a woman whose baby died, and uterus was removed following what the court ruled was gross medical negligence during childbirth.

Justice Lawrence Mugambi, sitting at the Milimani High Court, found that the hospital’s mishandling of Loise Langat Nundu during labour in October 2019 amounted to a violation of her constitutional rights to dignity, freedom from cruel treatment, and the highest attainable standard of health.

“The mishandling and deliberate neglect of the Petitioner by the doctors and nurses at the Respondent’s facility that thereafter led to the death of the Petitioner’s baby and unwarranted negligent removal of the Petitioner’s uterus violated Article 43 (1) (a) of the Constitution that guaranteed the Petitioner the highest standards of healthcare, the right to inherent human dignity under Article 28 and the Right from being subjected to psychological or mental torture under Article 29 (d) of the constitution, “Justice Mugambi ruled.

According to court records, Nundu was admitted for delivery but was left unattended in severe pain for hours, despite being assessed as needing an emergency caesarean section.

 She waited 11 hours before being taken to theatre.

The next day, she was informed her baby had died during delivery, and her uterus had been removed.

The court cited a prior finding by the Kenya Medical Practitioners and Dentists Council, which concluded that there was “improper prioritization” of her case and a “gap in management,” noting the lack of escalation despite her critical condition.

It further found that she had not given informed consent for the treatment she received.

Nundu told the court the incident left her with deep psychological trauma, robbed her of the ability to have children, and subjected her to social stigma.

Justice Mugambi said the hospital’s actions not only caused physical harm but also inflicted long-term emotional suffering.

“Given the obvious failure by the Respondent to provide the Petitioner with the highest standards of medical care, the negligent action by the Respondent ruined the Petitioner’s ability to have children let alone losing the child thus inflicting deep psychological trauma which was in violation of Article 29 (d) of the Constitution,” Justice Mugambi said.

“The social stigma she will endure for the inability to bear a child, yet it was her desire together with her husband robbed the dignity and joy of motherhood which I find to be a violation of Article 28 of the Constitution.”