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{
    "id": 882917,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/882917/?format=api",
    "text_counter": 157,
    "type": "speech",
    "speaker_name": "Kathiani, WDM-K",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "time discussing individuals and their businesses at the expense of Kenyans who are suffering and who need our services. I will not disagree on anything that is not in the Report of the Committee. The Committee has given us recommendations. I will also talk about the things that the Committee pointed out as observations during the period they interrogated the Kenya Medical Practitioners and Dentists Board specialists and the Ophthalmological Society of Kenya (OSK). Let me begin with the first recommendation where the Committee recommends that the board cancels the recognition of this doctor. We must begin by asking ourselves how she was initially recognised so that we propose her cancellation. The first thing I noticed is that there are legal requirements for one to be registered. The rules that were applicable according to the KMPDB were the Kenya Medical Practitioners and Dentists Private Practice Rules of 1979. Rule 25 says that for one to be recognised as a specialist, you must be a holder of a post-graduate qualification equivalent to a master’s degree which is recognised by the board, and have not less than five years of formal training and experience under the supervision of a recognised specialist in a recognised institution. Dr. Soni has a Master’s Degree in Ophthalmology which she obtained in 2004. She already has the professional qualifications. The point of contention is the issue of formal training and experience under a supervisor, which she already has. Looking at the Report of the Committee, which they do not deny, according to her CV, she worked under Dr. Millicent Kariuki from 2003 to 2005. That is a period of two years. From 2008 to 2010, she went back to that clinic under the supervision of the same Dr. Millicent Kariuki Wanyoike. Dr. Millicent is a recognised ophthalmologist under the law. As long as Dr. Soni worked under such a doctor, it is okay. The issue is that of a recognised institution. The KMPD Board is mandated to make decisions on the recognition of doctors. This board clearly stated that when one graduates with a master’s degree, you have to work under another expert for a period of two years. They have also pointed out that there is a problem within the system because there are very few specialists. Because of the issue of manpower resources, they cannot afford to send an expert to work under another expert when the total number of experts in the whole country up to date is only 106. They made a decision based on the fact that they needed to ensure that Kenyans get services. You cannot send two major experts into one corner of the country when the whole country requires such specialists. On that basis, they decided that they will overlook some of those provisions because it is their mandate and they have the capacity to do that. We have to be careful that we do not break the law. Of the 106 recognised experts in the country, only 38 were under direct supervision. Out of those recognised and are not under direct supervision, six of them were recognised without any supervision whatsoever. The rest were recognised in law by virtue of the fact that they had been trained, sent to far-flung corners of the country and there were supervisors who were able to vouch for them just like Dr. Soni. Once this happens, you ask whether we are adhering to Article 27 of the Constitution which talks about equality and freedom from discrimination. We are attempting to discriminate against one professional and yet, there are so many others who have been allowed to operate in the country. If we are to pass this Report, it means that anyone in this country can raise the same concerns on other experts and all of them may end up in court. We may pass this Report as a House, it ends up in court and the court of law will give her back her recognition. We should not act in futility. Recommendation No.2 states that the KMPDB should investigate allegations of medical misconduct by Dr. Soni. From the beginning, the board said there is no one who has ever brought a complaint against the doctor. Why is the Committee fishing information, cases and allegations so that they can discipline a doctor? If the board had a complaint, we would be discussing it. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}