Nyeri MCA Sues Consolata Hospital Over Death Of Her Child


Nominated Nyeri MCA Beth Nyawira Kimali has sued Consolata Hospital, Mathari over alleged medical negligence which led to the death of her unborn baby in 2013.

According to the suit, Nyawira wants Ksh6 million in compensation for the death of the baby boy on October 23, following an emergency caesarean section.

Documents seen by Nation note that the Registered Trustees Archdiocese of Nyeri as the defendant.

In her statement, the MCA notes that she sought medical care at the hospital from June 13 to October 17, 2013.

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However, on October 22, she states that she was admitted for a procedure that was to take place the following day on the advice of medical personnel.

An emergency operation was, however, carried out before the scheduled time.

Her lawyer, Charles King’ori exclaims that Ms Nyawira alleges that medics were negligent so she ended up with a still birth and serious gynaecological problems.

The politician says the medical staff administered the service without due care and regard for her safety and that of the unborn child.

“[They] failed to exercise adequate care so to avoid injury to the plaintiff or the unborn child,” the court documents say.

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Mr King’ori says the patient suffered damages and holds the hospital both directly and vicariously liable.

He cites loss of the child and the psychological social and emotional distress Ms Nyawira suffered.

“Owing to what befell me at the defendant’s hospital, I have been unable to bear children due to the resultant complications,” the politician says in the documents.

“This has caused me untold anguish and distress socially and in my marriage. I am at the prime of my childbearing age.”

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However, in their defence, the hospital Medical Director Japheth Muriithi Mbae and Chief Executive Officer Bernard Kanyi Muriithi, through their lawyer denied the claims of negligence, affirming that proper procedures were followed.

The report by doctors who performed the operation says that they found a tight cord around the child’s neck.

“Unfortunately and without signs, the patient went into labour while being prepared for the operation, prompting the emergency caesarian before the slated time,” Dr Mbae says.

The case will be mentioned on September 24, when the court will confirm whether lawyers for both parties have filed their lists of issues.

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Written by Jael Keya

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