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Court Certifies as Urgent Case Challenging Closure of Omnicare Medical hospital.

CH Reporter by CH Reporter
November 5, 2024
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The High Court of Kenya has certified as urgent the Omnicare Medical case, where the facility, also known as Body by Design, is challenging the recent closure ordered by the Kenya Medical Practitioners and Dentists Council (KMPDC) following the death of a patient after a plastic surgery procedure.

Justice John Chigiti ruled the matter as urgent, directing Omnicare to serve the application to all relevant parties within seven days. The respondents, including the Ministry of Health (MOH) and KMPDC, are required to file their responses within seven days of receiving the application, with a mention date set for December 4 to confirm compliance.

The closure was initiated after Lucy Kamau, a patient who underwent liposuction at Omnicare, later experienced complications and passed away following a secondary procedure at another hospital in Nairobi. Reports from three pathologists were inconclusive on the exact cause of death, raising questions about the circumstances surrounding her treatment.

Omnicare, represented by lawyer Danstan Omari, argues that KMPDC’s closure of the facility was done without due process, asserting that the facility is staffed by qualified doctors and nurses specializing in cosmetic surgery. The facility contends that it was condemned unheard and that KMPDC’s decision violated procedural laws.

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