By JUDY OGUTU
The High Court has rejected a second attempt to strike out a suit involving a young man who underwent surgery at Nairobi Hospital and allegedly suffered brain damage.
This means the case filed by Jacob Oluoch Ondeko, his father, Dr John Ondeko and mother Dr Margaret Musimbi Ondeko will proceed.
The young Ondeko who is suing through his father has named Dr Praxades Mandu Okutoyi, Dr Chimmy Omamo Olende and Nairobi Hospital, which trades in the name of Kenya Hospital Association as respondents in the case.
Nairobi Hospital and Dr Olende had sought to have the case struck out on grounds that it was scandalous and constitutes an abuse of court process.
High Court Judge, Lady Justice Kalpana Rawal ruled that the suit was not an abuse of court process.
"I am of the humble view that the plaint is not scandalous, vexatious or without reasonable cause of action as well as an abuse of court process. The court is duty-bound to give breath to any case which is capable of showing a tint of life in it. I thus reject the two applications referred herein before," she ruled.
The Board consisting of 16 medical practitioners and academics conducted inquiry and concluded that Dr Olende was not guilty of misconduct and held Dr Okutoyi guilty of misconduct as alleged.
In respect of the hospital, it was found that the facts produced were insufficient to prove charges against the institution. The family opposed the application saying there were differences between the inquiry held by the Board and the present cause.
