The Aga Khan University Hospital has been fined KSh1 million by the Kenya Medical Practitioners and Dentists Council (KMPDC) over lapses in the care and management of a woman who died shortly after giving birth in August 2019.
The council’s Disciplinary and Ethics Committee found the hospital culpable in the treatment of Valarie Cherono Misoi, whose husband, Lawrence Oyaro, filed a complaint alleging that inadequate medical care led to a hospital-acquired infection that ultimately caused her death.
In its determination in Disciplinary Case No. 70 of 2022, the committee ordered the hospital to pay the fine, review and update its medical protocols, strengthen compliance with maternal and perinatal death surveillance procedures, and engage the family in mediation to seek an amicable settlement.
The council upheld the committee’s findings at a meeting in January 2026.
The hospital was directed to demonstrate that its protocols had been reviewed and updated to comply with emergency obstetric and neonatal care standards. The revised protocols must also be shared with hospital staff and medical contractors.
The committee further ordered the hospital to implement and monitor compliance with Maternal and Perinatal Death Surveillance and Response (MPDSR) procedures, which are designed to identify and address factors contributing to maternal and perinatal deaths.
The hospital was also directed to enter mediation with Oyaro and report the outcome to the council within 90 days. The committee warned that failure to comply could attract further regulatory directions.
During the inquiry, Oyaro told the committee that his wife had received antenatal care at the hospital under Dr Mukaindo Mwaniki during her pregnancy in 2019.
He said the couple had been satisfied with the care provided during the pregnancy and therefore chose the same facility for the delivery of their second child.
According to his testimony, Misoi visited the hospital on August 18, 2019, complaining of diarrhoea and abdominal pain. She underwent investigations and was advised to return for review, but further investigations to establish whether an infection was ongoing were not conducted at that stage.
Oyaro told the committee that his wife went into labour on the evening of August 27 and delivered a baby girl through normal vaginal delivery in the early hours of August 28.
He said he was informed that she had sustained a tear during delivery, which was stitched and described to him as minor.
Misoi was discharged on August 29 after complaining of leg pain and undergoing investigations for a possible blood clot, according to the testimony recorded in the ruling.
Dr Mwaniki, who handled her antenatal care, confirmed that he examined Misoi on August 18 when she presented with diarrhoea, abdominal pain and an elevated heart rate.
He told the committee that the symptoms suggested a possible infection, but her condition was not considered an emergency requiring antibiotics before culture results became available.
The doctor said he collected a sample for investigation, counselled Misoi on danger signs and advised her to return for review within three days. According to his testimony, she did not return for the scheduled review.
He also acknowledged that her earlier symptoms, including gastrointestinal complaints and fatigue, could have warranted closer assessment for a systemic infection, although no additional investigations were conducted at the subsequent antenatal visit.
Dr Mwaniki further confirmed that Misoi’s haemoglobin level had declined from 12.6 grams per decilitre in January 2019 to 11 grams in July and eight grams at readmission.
He told the committee that his involvement was limited to antenatal care and that he did not participate in her management during delivery, her initial discharge or her subsequent readmission.
While finding the hospital culpable for lapses in the patient’s care and management, the committee cleared Dr Nyawira, Dr Umar and Dr Obare, ruling that they had no case to answer.
Dr Gichuki was admonished for what the committee described as a lack of situational awareness and failure to consult senior team members in a timely manner, contributing to delays in critical care management.
The findings followed an inquiry that considered the complaint, medical records, autopsy and medical reports, statements from the parties and evidence presented during the proceedings.
Separately, Oyaro’s advocates, Githogori and Harrison Associates Advocates LLP, have proposed a KSh100 million settlement from the hospital over Misoi’s death.
In their proposal, the lawyers sought KSh27.22 million in general damages for pain, loss and suffering, KSh53.46 million for lost years, KSh17.82 million for loss of dependency and KSh1.5 million in special damages.
The advocates argued that the compensation should reflect the financial and emotional losses suffered by the family. They said Misoi was 27 years old and earned a net monthly salary of KSh165,000 at the time of her death.
They also cited a separate judgment in Naila Gureshi v Aga Khan University Hospital, which they said involved an award of KSh157 million, in support of their assessment of damages.
The hospital’s advocates had earlier proposed KSh10,000 for pain and suffering, KSh10,000 for loss of expectation of life, KSh8.48 million for loss of dependency and KSh1.5 million in special damages.
The proposals reflect a substantial difference between the parties, particularly over compensation for loss of dependency and future earnings.
The family’s lawyers have also raised concerns over delays in resolving the dispute, saying the family had waited six years for closure. They urged the hospital to participate in mediation and compensation discussions within 60 days to avoid further litigation expenses.
However, the council’s determination directs the parties to pursue mediation and report the outcome within 90 days. The available information does not establish whether a settlement has since been reached.
The KSh1 million fine relates to the regulator’s findings on the hospital’s care and management of the patient. Any compensation payable to the family remains a separate matter to be resolved through mediation or the appropriate legal process.
