The High Court in Nairobi has ordered Pumwani Maternity Hospital to pay Sh 7.5 million in compensation to woman whose baby died and uterus was removed following what the court termed as negligent and degrading treatment.
Justice Lawrence Mugambi found that on October 19, 2019, the hospital staff delayed taking the expectant mother to theatre for 11 hours despite her critical condition, leading to the stillbirth and loss of her ability to conceive.
The court held that this violated her constitutional rights to health, dignity, and freedom from psychological torture.
The court relied on a 2022 ruling by the Kenya Medical Practitioners and Dentists Council which found the hospital had failed in prioritizing her care, obtaining informed consent, and providing timely emergency treatment. Despite being ordered to mediate and compensate her, the hospital never engaged her in settlement talks.
Justice Mugambi declared that the mishandling amounted to gross negligence and a breach of Articles 28, 29(d), and 43(1)(a) of the Constitution. He emphasized that beyond the financial award, the ruling served to vindicate constitutional rights and deter future breaches.
Pumwani Maternity Hospital will also bear the costs of the petition
