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High court slams Aga Khan with Ksh.157 million fine over botched operation

A woman in Nairobi went to Aga Khan Hospital, believing she would receive proper medical care from a well-known and respected institution. But instead of healing, she left broken physically, emotionally, and financially.

What should have been a routine medical procedure ended up destroying her reproductive health and her dignity. The same hospital she trusted to help her ended up being the very place that caused her lifelong pain.

The High Court in Nairobi has now found Aga Khan Hospital guilty of gross medical negligence. The hospital must pay the woman over Ksh.157 million in compensation after it allowed a disbarred doctor to operate on her. This wasn’t just a mistake. It was a complete failure of responsibility, both by the hospital and the doctor involved.

The court heard that the woman had agreed to a hysterectomy the removal of her uterus and ovary but the doctor went ahead and removed her cervix too, without informing her or getting her consent. This was not an emergency. There was no urgent medical reason to take such a serious step without talking to the patient.

It was a personal decision by the doctor, and one that has had devastating consequences.

Judge Alexander Muteti made it clear that the removal of the cervix without permission was a serious breach of medical standards. The woman suffered serious complications as a result, which forced her to travel all the way to South Africa for further treatment. She ended up losing her job, her ability to earn, and her peace of mind.

Her injuries are permanent and have affected every part of her life, including her marriage. Her husband joined the lawsuit as well, because their relationship has suffered deeply due to her condition. The pain, the stress, the lack of intimacy it all added up to a broken family and a ruined future.

What makes this situation worse is that the doctor who carried out the surgery had already lost his license to practice medicine in Uganda. He was disbarred. Yet Aga Khan Hospital hired him and allowed him to perform sensitive surgeries.

This is more than just poor judgment it’s pure negligence. The hospital never did proper background checks. They never verified his professional history. They simply let him operate on patients as if nothing was wrong. The court also found that the hospital did not have basic diagnostic tools, like a flexible cystoscope, which would have helped detect the damage earlier and reduce the harm.

Aga Khan Hospital must now pay Ksh.157 million in total. This includes damages for lost income, pain and suffering, emotional trauma, and future medical costs. The court made it clear that hospitals must be held accountable for the people they employ and the equipment they fail to provide.

Patients have a right to safety, to be informed, and to give consent before any procedure. In this case, all those rights were violated. The woman gave her trust to the hospital, and in return, they gave her lifelong pain.