When Antonina Akinyi was taken to Kisumu's Aga Khan Hospital with abdominal pain on January 22, 2015, she was optimistic that her problem was going to be solved.

Instead, she spent the next three months writhing in pain after the surgeon who operated on her allegedly left surgical gauze in her abdomen.

Surgical gauze is dressing used in a variety of wound care applications on patients. A court has now described this as a case of negligence.

Yesterday, a Kisumu magistrate’s court ordered Aga Khan to pay Ms Akinyi Sh3 million for negligence.

Akinyi had initially been taken to the hospital with a swollen abdomen and was discharged three days later. She was receiving weekly post-operative care and developed complications.

The court heard that during recovery, pus oozed from the wound and her pain persisted, prompting the hospital to refer her to a surgeon at Aga Khan University Hospital in Nairobi.

When the surgeon conducted another operation, gauze was found in her abdomen. Court documents showed it was suspected to have been left during the first operation.

The hospital however denied the claims and said the procedure was done precisely.

In his ruling, Chief Magistrate Julius Ngar Ngar said the hospital was guilty.

"I find the first and second respondents fully liable for negligence," said Mr Ngar Ngar.

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