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{
"id": 1566952,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566952/?format=api",
"text_counter": 369,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": "Hon. Senators, I also will reorganize the Order Paper and request the Clerk to call out order No.20."
},
{
"id": 1566953,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566953/?format=api",
"text_counter": 370,
"type": "heading",
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"speaker": null,
"content": "MOTION"
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{
"id": 1566954,
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"text_counter": 371,
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"content": "ADOPTION OF REPORT ON PETITION : DEATH OF MS. ANNITA JEPKORIR AT MTRH DUE TO ALLEGED MEDICAL NEGLIGENCE"
},
{
"id": 1566955,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566955/?format=api",
"text_counter": 372,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "Madam Temporary Speaker, I beg to move- THAT, the Senate adopts the Report of the Standing Committee on Health on a Petition to the Senate by Ms. Mercy Jepchirchir regarding alleged medical negligence and staff incompetence which led to the death of Ms. Annita Jepkorir at the Moi Teaching and Referral Hospital, laid on the Table of the Senate on Wednesday, 7th May, 2025. The Petition was submitted by Ms. Mercy Cherono and reported to the Senate on 10th July, 2024. This Petition highlights critical issues in healthcare delivery and patient safety that demand urgent attention and action. The key issues raised in the Petition included failure to locate and remove the foreign body despite repeated procedures. There was also lack of proper consent for certain surgical procedures, poor communication and record keeping, delayed and inadequate follow-up care and lack of transparency and fairness in the dispute resolution process. Madam Temporary Speaker, the Committee on Health undertook a thorough inquiry into the matters raised in the Petition and held meetings with the petitioners and the key stakeholders, including the Moi Teaching and Referral Hospital (MTRH) and the Kenya Medical Practitioners and Dentists Council (KMPDC). The committee further sought written submission from the Cabinet Secretary of Health. These submissions were analysed during committee meetings leading to the preparation of this report. Madam Temporary Speaker, medical negligence is a human rights issue that affects the right to life and the right to healthcare. Medical negligence complaints are usually received by the KMPDC and a complaint may also be filed with the police. Such grievances are emotional expressions of customers due to mismatches in the acceptance of the quality of services or products offered and are good momentum as input customers due to mismatches in the acceptance of the quality of services or products offered. They are also a good momentum as input because they create an opportunity for organisations to identify deficiencies that exist so as to develop immediate strategies to improve the quality of service. The Petitioner informed the committee that she faced frustrations from the MTRH when she sought information about the procedure and the missing feet. She narrated how she was asked to tone down by medical staff or her daughter would not be attended as expected. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1566956,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566956/?format=api",
"text_counter": 373,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "Madam Temporary Speaker, the petitioner filed a complaint with the KMPDC and enumerated particulars in support of an allegation of medical negligence; patience, mismanagement, intimidation and failure to follow up on second admission. However, during the process of lodging the complaint with KMPDC, they felt subjected to humiliation, harassment and intimidation by individuals; some of whom work for KMPDC. This report underscores the importance of accountability, transparency and adherence to the professional standards in healthcare institutions. The committee observes that the untimely death of Ms. Anita Jepkorir, was largely caused by medical negligence by medical personnel at MTRH where she sought medical attention after ingesting a black seed. The failure of medical procedures to locate or remove the ingested foreign body later confirmed at post-mortem reflects a critical diagnostic error and a significant breach of duty of care. This is further compounded by systemic failures and adherence to clinical guidelines and standard operating procedures; a clear contravention of both College of Surgeons of East Africa, Central and Southern Africa (COSECSA) and the KMPDC guidelines. Madam Temporary Speaker, the committee further observes that the misplaced food was a distraction by the medical practitioners from the failure to retrieve the actual foreign body. The failure by the operating medical personnel to revisit the CT scan results to confirm retrieval of the foreign object led to misdiagnosis, delayed outcomes and contributed to the demise of Ms. Anita Jepkorir. The post-operative briefings were done by the medical practitioners who were not the lead surgeon nor an anesthesiologist in violation of good medical practice, professional standards and guidelines. The concerned medical practitioners and the MTRH did not document information shared during the different briefings with the patient. In the patient's records for continuity of care, no other procedures to locate the ingested foreign body recorded to allow for post-operative reviews to identify areas of complication. Madam Temporary Speaker, it is in the finding of the committee that the petitioner was denied a fair hearing and their voice suppressed during dispute resolution. The MTRH and the KMDPC delayed in addressing the concerns raised in the matter as characterized by the extended and inordinate delay between the case when the case was filed and when the decision was rendered. The performance of the MTRH and the KMPDC during the dispute resolution was inefficient and unprofessional. The KMPDC appears to have violated the principles of confidentiality by sharing essential information and data received during investigation with third parties. With the foregoing, the committee recommends that the MTRH and the medical practitioners involved in the medical procedures related to the late Ms. Anita Jepkorir should be held liable for the untimely death of Ms. Jepkorir. Consequently, the family of the late Ms. Jepkorir should be compensated for the damages caused by the negligent acts of both medical practitioners and the MTRH from the medical indemnity insurance. Two, that the MTRH should, within three months of tabling this Report, establish clear protocols for surgical procedures that ensure all operations and critical medical The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1566957,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566957/?format=api",
"text_counter": 374,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "procedures are conducted under the supervision of the qualified medical specialist. All post-operative briefings should be conducted by the lead surgeons to ensure accurate communication with patients and their families about the procedures and outcomes. Three, the KMPDC should, within three months of tabling this Report, issue a caution or reprimand in writing to all medical practitioners involved in the untimely death of Ms. Anita Jepkorir in line with the provisions of Section 26(a). It should also investigate the professional conduct of the officers in its legal department who are responsible for mismanaging and delaying investigations of the issues raised in this Petition. It should report on the disciplinary and or administrative actions, if any, that will be taken to hold those culpable accountable."
},
{
"id": 1566958,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566958/?format=api",
"text_counter": 375,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "Fourthly, the KMPDC should review its disciplinary procedures to ensure full compliance with Section 26(g) of the Medical Practitioners and Dentists Act, which requires fines to be imposed in addition to other appropriate disciplinary measures and create a formal patient advocacy programme within the healthcare facilities to assist families in navigating complaints and grievances related to medical care. It should also provide support in understanding medical procedures, rights, and available records in cases of perceived negligence. Fifthly, the KMPDC should develop standardized protocols and mechanisms for investigating reported medical negligence cases that outline the steps to be taken, timelines for investigation and the criteria for evaluating evidence. Further, that the decision of such cases should be rendered within six months of reporting and investigations should involve independent oversight and families of the victims to ensure transparency and accountability."
},
{
"id": 1566959,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566959/?format=api",
"text_counter": 376,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "On behalf of the committee, I extend my gratitude to the committee Members for their diligence, commitment and insightful contributions throughout this inquiry. I also thank the petitioner and all other stakeholders who provided valuable input during our investigation. It is my hope that this report will serve as a catalyst for meaningful reforms in the healthcare delivery and inspire confidence among citizens in the institution entrusted with our health and well-being."
},
{
"id": 1566960,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566960/?format=api",
"text_counter": 377,
"type": "speech",
"speaker_name": "Sen. Mandago",
"speaker_title": "",
"speaker": {
"id": 13577,
"legal_name": "Kiplagat Jackson Mandago",
"slug": "kiplagat-jackson-mandago"
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"content": "As I conclude, I wish to sincerely thank the office of the Speaker and office of the Clerk of the Senate for the support they extended to the committee during execution of this mandate. This report has also informed and I we will advise the healthcare---"
},
{
"id": 1566961,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1566961/?format=api",
"text_counter": 378,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Senator, I do not think you have a right debate on it."
}
]
}