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            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
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            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "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."
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            "id": 1567433,
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            "text_counter": 460,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
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                "legal_name": "Cherarkey K Samson",
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            "content": "were the ones who rose to fight the crisis while guns, bullets and heavy artillery remained in the barracks. It was the UHC staff who stood at the forefront. I am pleased that, today, I have seen comments by the Chairperson of the Budget and Appropriations Committee of the National Assembly, the Member of Parliament (MP) for Alego Usonga. He said that they will budget for absorption of the UHC staff on permanent and pensionable terms or pay them gratuity and ensure proper transfer to the county governments across the nation. That is the issue I was talking about yesterday. Let us be fair to our medical staff."
        },
        {
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            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567434/?format=api",
            "text_counter": 461,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
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                "legal_name": "Cherarkey K Samson",
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            "content": "Mr. Deputy Speaker, Sir, I once visited Malava Sub-County Hospital. They do not have Protective Industrial Products (PIPs). I visited one of the rooms where they perform caesarean section. It is sad that they do not have even gloves. They do not have protective gear for performing surgical procedures to our mothers across Malava. The same case applies to Nandi Hills County Hospital and Kapsabet County Referral Hospital. You will find the same situation in Mosoriot Sub-County Hospital. When I went to the kitchen of Mosoriot Sub-County Hospital, it was embarrassing because it was very dirty. You could see cockroaches walking all over. Remember that is where food for sick people is prepared. Our medical practitioners always have a challenge especially when it comes to issues of health in this country."
        },
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            "text_counter": 462,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
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            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "I now want to talk about the issue of negligence that happened to Annita Jepkorir at Moi Teaching and Referral Hospital (MTRH). We have to appreciate that apart from the Kenyatta National Hospital (KNH), there are other two referral hospitals outside Nairobi. It is sad when you listen to the story. The management of MTRH and the people who did the operation, led by Dr. Ondigo, did not even have empathy to the parents of Annita Jepkorir. In as much as some deaths are not preventable, that case was preventable. I am happy that Members of the Committee on Health, led by Sen. Mandago who happens to hail from the same county where that death happened--- He was the Governor at that time because it happened in 2021. It is unfortunate that there was disjointed communication before, during and even after the operation. It should be noted that MTRH, which is one of the biggest referral hospitals outside Nairobi, has poor record-keeping by the people who admitted and those who released the girl. There was no proper trail of records since the patient was admitted, during the surgical procedure and recovery period and after the patient was released from the hospital. That is embarrassing! In this era of technology, I would have expected the Sen. Mandago-led Committee to call out MTRH for having a poor record-keeping practice. In fact, the young people who insult, demean and criticize leaders on social media should get jobs at MTRH to keep health records, so that we are not embarrassed by deaths that occur out of medical negligence. I would have expected the committee led by Sen. Mandago to indicate in this report that MTRH must be called out for poor record- keeping. In this era of technology, it should have been easy to do referrals and ensure that the patient is well taken care of. That death should have been prevented."
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        {
            "id": 1567436,
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            "text_counter": 463,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "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": 1567437,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567437/?format=api",
            "text_counter": 464,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "When you read the report, Dr. Ondigo and company--- After the young girl was released, no one referred to the team that did surgery. They did not even do a Computerized Tomography (CT) scan after the surgery, yet a foreign substance was still inside her body that later caused pneumonia, which killed the young girl who was only six years old. As we empathise and sympathise with the family, it should not happen in the modern-day Kenya. Today, we had the National Prayer Breakfast. We can only do some things after praying. This report by the Committee on Health should be amended to ensure that MTRH comes up with a proper way of keeping records. Mr. Deputy Speaker, Sir, quickly so that I cede ground for my colleagues, under the Constitution, human rights are basic rights. The pleas by the mother called Mercy Kipchirchir were ignored. MTRH has a Public Relations (PR) Department. The complaints by the complainant were ignored until she sought assistance from the Senate. In this Report, the Committee on Health should have recommended administrative action against the PR Department of MTRH in Eldoret to explain why. Most of us here are parents. I do not know about Sen. Methu and Sen. Eddy, unless they tell us if they are parents. We know the pain of losing a child. Imagine she went to complain, but there was no one to listen to her and she lost her child. I expected the Committee on Health to recommend administrative action to be taken against PR officers at MTRH. That is the least thing we can do. If that can happen at the MTRH, how many people have lost their lives in other hospitals? There is a girl who delivered well in Kabiyet Sub-County Hospital. She was later transferred to Mosoriot Sub-County Hospital where she bled to death, but the County Government of Nandi did nothing. They did not even give counseling or a listening ear to the complaint of negligence where she had gone to deliver through caesarian section. We must be empathetic. I hope there are Members of the Committee on Health here. In this Report, they have not even recommended socio-psychological support to the parent. After losing a child, one is stressed and they could even have suicidal thoughts. Mr. Deputy Speaker, Sir, you are one of the longest serving MPs in this House. Parliament enjoys a High Court status. Therefore, we can make recommendations like a High Court. Let me quickly look at the recommendations by the Committee. I am happy, but equally sad. What the Committee has recommended is both sweet and sour, like a Chinese dish, trying to run away from responsibility, but at the same time, apportioning blame. The reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, as revised in 2012 and 2019, is very clear on disciplinary procedures. You can issue caution or reprimand. You can also order for remedial courses for doctors or medical practitioners. Two procedures were done. There was trichotomy and another one known as tracheostomy. Two procedures were done, but they never removed the foreign object. Dr. Ondigo and his team must be ordered to go back for remedial courses because after performing two procedures, they could not trace the foreign object inside that young girl. You can imagine the pain she underwent during that surgical process."
        },
        {
            "id": 1567438,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567438/?format=api",
            "text_counter": 465,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "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": 1567439,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567439/?format=api",
            "text_counter": 466,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "The Kenya Medical Practitioners and Dentists Council (KMPDC) did not even order for remedial courses. I expected the Senate Standing Committee on Health to recommend remedial courses. God forbid, how many patients have gone through their hands and had negligence as this? They were even supposed to suspend the license of these doctors and medical team, including the nurses. They should have even given penalties and fines. Under Section 20 of Medical Practitioners and Dentists Act, Cap. 253, which was revised in 2019, there must be a proper penalty. I know, Sen. (Dr.) Boni Khalwale understands this. We should have had a fine against this medical team. One is caution and another one is reprimand. I expected a probation. They should have done a probation, for this medical team, including the team leader, Dr. Ondigo and company. They should have been taken for probation for six months, for remedial courses, also be supervised by the KMPDC, so that we are certain. If today this Report is public, if today a patient is supposed to go through a procedure of by a team led by Dr. Ondigo, do you still have the confidence that the procedure will be successful? So, the reading of Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, is clear on disciplinary. I would have expected that this should have been done. Mr. Deputy Speaker, Sir, the third recommendation speaks to establishing clear protocols of surgical procedure. I agree that they must be clear. I am told in the second operation, there was no consent from the family or guardian. They did the second operation without the consent of the family. This is a clear violation and medical negligence. How can you perform a procedure without the consent of the guardian or the family? The law is clear. That is why I am saying Section 20 of the Medical Practitioners and Dentists Act, Cap. 253, should have come heavy and ensure that there was at least proper punishment. However, by saying disciplinary procedures to be reviewed, investigate professional conduct, it means that after the disciplinary action, the only recourse is that after 30 days you can appeal at the High Court, as per the law. On issues of surgical medical procedure, therefore, it must be followed, so that we ensure that critical medical procedures are all taken care of. This medical negligence of Annita should be the last one. You saw Dr. Chacha who was a doctor at the Kenyatta National Hospital, but he could not be treated because he did not have money, yet he was a doctor working in the same hospital. When you look at patient advocacy, I disagree with this recommendation. You cannot tell us that in regards to the patient advocacy, Moi Teaching and Referral Hospital (MTRH) should have been the one to advocate for the rights of the victim, yet we know this is a conflict of interest. How do you expect patient advocacy within to support? Mr. Deputy Speaker, Sir, I agree with the recommendations of this Motion and report. However, in the future, I would like to appeal to the KMPDC to come back and ensure that they arrest the rising cases of criminal medical negligence in our facilities. We are losing many mothers during Caesarean Section (C-section) procedures in most of our facilities. When a mother goes to give birth, you are told she underwent a C-section then complications arose, and she died. It cannot be. The KMPDC must come to the rescue of Kenyans."
        },
        {
            "id": 1567440,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567440/?format=api",
            "text_counter": 467,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "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": 1567441,
            "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567441/?format=api",
            "text_counter": 468,
            "type": "speech",
            "speaker_name": "Sen. Cherarkey",
            "speaker_title": "",
            "speaker": {
                "id": 13217,
                "legal_name": "Cherarkey K Samson",
                "slug": "cherarkey-k-samson"
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            "content": "I know in every profession, there are crooks within the profession, including my own profession of law, engineers, medical practitioners or even structural engineers. However, we must punish, so that we do not lose lives. Mr. Deputy Speaker, Sir, as I have been saying, when you are handling human life, it is so sensitive because when you lose somebody, you never recover them. Other things can be recovered. For instance, when a building collapses, you can rebuild and when a road stalls, you can rebuild. As we pray for this nation in the national prayer breakfast, we must confront serious challenges that are facing us, including medical negligence, corruption, bad governance and poor development. That is why the Governor of Trans Nzoia County was charged the other day. One of the court orders say you cannot access the office. Today, he was in office. So, there is impunity in this country. He was in the huduma mashinani office, yet the courts ruled in the court order that he should not step in the Office of the Governor until the corruption allegation of Kshs1.2 billion is cleared or upheld. This is a country of impunity. I would like to thank the President because he was gracious today. I would have expected the Senate Majority Whip would do that, but let me do the honors. I thank the President for asking for forgiveness from our neighbours, Tanzania and Uganda, and also from Gen-Zs. It takes a real leader to seek for forgiveness. Now that the President has requested and prayed that we forgive each other, as a nation, we should forgive each other and move forward, so that we can have one nation. I would like to appeal to Tanzania's Members of Parliament that, even if English is not their priority, they should not insult us in Kiswahili. We are also telling them, let us have one united East African Community (EAC), which we are proud of. That is my appeal as we go into the future. With this Motion, let us ensure that we finish issues of medical negligence in this country. I support this Motion. Thank you."
        }
    ]
}