It began with trust—a woman in Nairobi seeking medical help from a leading hospital. But instead of relief, she left with devastating injuries, stripped of her reproductive health and her dignity.
Now, the High Court has ruled that Aga Khan Hospital must pay over Ksh.157 million in compensation after it allowed a disbarred doctor to perform an unauthorized surgery that left the patient physically and emotionally scarred.
This ruling marks a major blow to the hospital’s reputation and serves as a wake-up call about the consequences of failed medical oversight.
Court Slams Aga Khan Hospital for Failing to Protect Patient
The High Court in Nairobi has found Aga Khan Hospital liable for gross medical negligence that resulted in a woman losing her cervix during a surgical procedure. Judge Alexander Muteti ruled that the gynaecologist, employed by the hospital, performed an unauthorised operation that exceeded what the patient had consented to.
The woman had agreed to a hysterectomy—removal of the uterus and ovary—but was never informed that her cervix would be taken out.
The court declared the removal of the cervix without her consent a serious breach of her rights and a failure of professional medical standards. This surgical error caused severe complications, forcing the woman to undergo expensive treatment in South Africa.
She lost her job, her ability to earn, and her quality of life. The judge found that her physical injuries were permanent and deeply disruptive to her marriage.
In addition to holding the doctor responsible, the court said Aga Khan Hospital must be held to account for allowing the doctor to work despite his previous disbarment in Uganda. The hospital’s failure to vet its staff properly led directly to the woman’s suffering.
Further worsening the situation, the hospital lacked basic diagnostic equipment such as a flexible cystoscope, which would have detected the damage sooner. The absence of this critical tool delayed treatment and caused further harm.
The court ordered Aga Khan Hospital to pay Ksh.157 million in total damages. This includes both general and special damages, covering lost income, emotional trauma, and future medical care.
A Doctor With a Troubled Past
The gynaecologist at the centre of the case had already lost his license to practice in Uganda before joining Aga Khan Hospital in Nairobi. Despite this, the hospital hired him and allowed him to carry out sensitive surgical procedures.
During the operation in question, he removed the patient’s cervix without permission. The court heard that this was not an emergency situation that would justify acting without consent. Instead, the doctor made a personal decision that violated her rights.
The consequences were immediate and severe. The woman experienced long-term pain, complications, and an inability to enjoy sexual intimacy with her husband. She testified that she felt violated and betrayed, not just by the doctor, but by the hospital she had trusted.
The court cleared a second doctor involved in the case of any wrongdoing. However, it squarely placed responsibility on the hospital for employing the first doctor and for failing to monitor or equip him properly.
A Family Broken by Negligence
The judgment made clear that this case went beyond a single medical error. The hospital’s systemic failure affected both the woman and her husband. He joined the lawsuit, citing the loss of consortium and companionship. The couple’s relationship suffered. So did their financial stability.
The woman no longer had the strength or ability to work. Her earnings disappeared. She now depends on her husband and ongoing medical treatment to survive. The High Court acknowledged this devastating impact and awarded compensation for future healthcare costs and lost earning potential.
According to her testimony, she had no choice but to travel to South Africa for treatment. These additional medical expenses, she argued, were caused entirely by the negligence of Aga Khan Hospital and its staff.
Her legal team argued, and the court agreed, that such cases should set a precedent. Patients must be able to trust their doctors. Hospitals must be held responsible for the professionals they employ and the tools they provide—or fail to provide.
