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{
"id": 1567502,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567502/?format=api",
"text_counter": 529,
"type": "speech",
"speaker_name": "Sen. Methu",
"speaker_title": "",
"speaker": {
"id": 13581,
"legal_name": "Methu John Muhia",
"slug": "methu-john-muhia"
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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": 1567503,
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"text_counter": 530,
"type": "speech",
"speaker_name": "Sen. Methu",
"speaker_title": "",
"speaker": {
"id": 13581,
"legal_name": "Methu John Muhia",
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"content": "Every time patients and their families are told to negotiate directly with the hospital, they are the ones who often lose, not the hospital. The hospital will argue that they did their best, that they provided the highest standard of medical care, that they gave the best surgeon. However, the issue is not about having the best surgeon. It is about having done the wrong thing. Finally, as I conclude, I want to express my appreciation to the Senate. I am truly proud to be a member of this Senate because of the critical issues we address that profoundly affect the people of Kenya. I never hear the Hon. Speaker call for adjournment to discuss individuals; that is simply not how the Senate operates. I am proud that in this Senate, we always focus on meaningful issues. We may not always agree. We may hold divergent opinions time and again. However, even at the height of the Gen Z protests in June, 2024, when others chose to step away, the Senate remained steadfast. We were here addressing the real issues that affect the people of Kenya. I believe that is the Senate I have always aspired to be part of, and I am always proud to be a Member of this institution. Thank you very much."
},
{
"id": 1567504,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567504/?format=api",
"text_counter": 531,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you, Sen. Methu. Let us now have Sen. Hamida. I hope you are not seated in that seat. Serjeant-at-Arms, you noticed that her seat malfunctioned and made her fall. You should have reacted faster. If that happens next time, the response time should reduce. She was down for a half a minute. She should not be down for over five seconds before you move in. Proceed, Sen. Hamida."
},
{
"id": 1567505,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567505/?format=api",
"text_counter": 532,
"type": "speech",
"speaker_name": "Sen. Kibwana",
"speaker_title": "",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
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"content": "Madam Temporary Speaker, the Senate Minority Leader is insisting that I should go to the Dispatch Box. Thank you for your concern. Amen! Madam Temporary Speaker, today, I feel honoured by this Petition and how my colleagues have contributed. This is a Petition that I read here and it was directed to the Committee on Health where I am Member to investigate. My colleagues have spoken with so much passion about it such that I feel overwhelmed. I could feel the pain. You can imagine what I went through when I was talking to Mama Annita. Mama Annita came to me crying. It is like she had lost all the hope. Of course, she had lost Annita, but she had also lost the hope of getting justice. It was in that breath that I decided that I needed to follow it up. Madam Temporary Speaker, you, Sen. Asige, and Sen. Methu among others contributed passionately. I was only waiting for Sen. Khalwale who is a medical doctor to add the flavour. I really do not have much to add because I am the one who brought this Petition here. This is not the first time I am bringing an issue on medical negligence. I have brought here other Petitions to do with medical negligence, such as the case of that baby whom I cannot remember the name that occurred at the KNH. We also had an issue at Mama Lucy Kibaki Hospital (MLKH) where a mother lost her life after delivering twins. There were two issues there. I do not know whether there was failure of medical equipment. The report indicated that there was an issue in bronchoscopy and"
},
{
"id": 1567506,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567506/?format=api",
"text_counter": 533,
"type": "speech",
"speaker_name": "Sen. Kibwana",
"speaker_title": "",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
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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": 1567507,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567507/?format=api",
"text_counter": 534,
"type": "speech",
"speaker_name": "Sen. Kibwana",
"speaker_title": "",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
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"content": "thoracotomy. Forgive my pronunciation because those are foreign words to me. I know Dr. Khalwale understands them well. Those procedures performed to remove the injected foreign bodies were not done properly. It could be that that mess was messy such that the medical equipment was non-functional. There is a time I went to the KNH. Out of about 45 dialysis machines, only 20 were working but about 25 were not. They told us that all of them were not working, yet people are being paid for medical equipment. Madam Temporary Speaker, I brought a Statement here on medical equipment but until now, I am still complaining because nothing has been discussed. That Statement has remained pending to date. We have not gone there for some time. It is now two years down the line but that Statement has not been dealt with. It could have been done intentionally by the Committee on Health where I sit but I am not sure. I feel sad about that. It could have been because of medical equipment or negligence by one of the doctors, especially Dr. Ondigo and his team, who revisited the CT scan results to confirm retrieval of the foreign object. Imagine the pain that girl was in when they plucked her two teeth out of nothing. Since they did not see a black seed, they had to give an excuse that it was either one tooth that went in; that, she consumed the tooth and that is why she had the failure. However, the post-operative briefings were not done by the medical practitioners and the surgeons who violated the good medical practice by not giving the proper documentation, information shared during different briefings with the patient. The family members were all frustrated. Nothing was coming forthright, the attendance on the post-discharge complications were managed without consulting cardiothoracic surgeons, which coupled with poor record-keeping procedures, that violated the mis-disciplinary care. Madam Temporary Speaker, the Petitioner, was denied fair hearing. Mama Annita was denied fair hearing of the death of her child. The dispute resolution of the Moi Teaching & Referral Hospital (MTRH) and Kenya Medical Practitioners and Dentists Council (KMPDC) delayed in addressing the concerns raised in the matters as characters by the extent and the delay between the case and what was filed with the decision and what was rendered. Madam Temporary Speaker, when we talk about negligence of the doctors, I talk about it in pain, because, I also lost our first-born sister at the Kenyatta National Hospital, through medical negligence. She was given wrong medicine, the steroids, and she had to lose her life. So, I felt for Mama Annita. That is why I had to bring forth the Petition. Madam Temporary Speaker, our prayers and recommendations in the Committee was that disciplinary action should be taken 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. However, I feel strongly that, after losing life, paying fines is just not enough. These doctors have to pay for it. We need to create a form of patient-advocacy, a programme where the healthcare facilities can assist families in navigating complaints and grievances related to such cases. This right should be available in of such negligence."
},
{
"id": 1567508,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567508/?format=api",
"text_counter": 535,
"type": "speech",
"speaker_name": "Sen. Kibwana",
"speaker_title": "",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
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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": 1567509,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567509/?format=api",
"text_counter": 536,
"type": "speech",
"speaker_name": "Sen. Kibwana",
"speaker_title": "",
"speaker": {
"id": 277,
"legal_name": "Kibwana Kivutha",
"slug": "kibwana-kivutha"
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"content": "Looking at what Mama Annita went through, we also need to encourage hospitals to engage in medical processes with families and patients who have experience in adverse outcomes, ensuring that these processes are facilitated by neutral third parties to promote fairness and transparency. Madam Temporary Speaker, Mama Annita was quite frustrated. The KMPDC and MTRH frustrated this lady. Imagine, you are having the same people who are mediating the same issues. So, I feel strongly that we should have had the third-party mediators on such cases. Madam Temporary Speaker, I also feel that continuous quality improvement practices with such cases should be enhanced on patients with care standards. This could involve routine audits of surgical outcomes. Madam Temporary Speaker, this is one of those cases that was brought to us. Can you imagine other Kenyans going through the same; other Kenyans who do not have a voice to fight for themselves? Then who does? I feel strongly that the same doctors, through their negligence, should be punished. They should go through the disciplinary measures for others to understand the mess involved. Also, the staff that handled Ms. Annita, I wonder what happened, because we even expected the nurse, the staff to be competent enough. I feel the staff who handled Ms. Annita Chepkorir were incompetent. That black seed would have been detected with the kind of machines we have now, and thankfully, now we have the AI that could have supported it. The untimely death of Ms. Annita Jepkorir was largely caused by medical negligence and the medical personnel at the MTRH. My prayers have already been put down with the Standing Committee on Health, and the report is there; it is in black and white. Like I said, I do not have much since I went through the pain of Mama Annita. I am just humbled by my colleagues, and I still want to give space to Sen. Okiya Omtatah and any other Senator to contribute to this, but I feel justice has to be done. Justice delayed is justice denied. So, I feel strongly that the punishment has to be served. I want to donate my time to my other colleagues. I thank you."
},
{
"id": 1567510,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567510/?format=api",
"text_counter": 537,
"type": "speech",
"speaker_name": "Sen. Veronica Maina",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you, Senator, for your contribution and for bringing the petition. Sen. (Dr.) Boni Khalwale, you may proceed."
},
{
"id": 1567511,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1567511/?format=api",
"text_counter": 538,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "Madam Temporary Speaker, I want to thank you for this chance. I want to confess from the beginning that this is not an easy debate. It is extremely complex because anything resulting in death is final. It marks the cessation of life that expresses itself through cessation of breathing, cessation of the heartbeat, and death of the brain. To debate this difficult subject, we must understand, as Parliament, what medical negligence is, because we are about to pass a serious verdict that Dr. Ondigo and the MTRH were negligent. Negligence involves a case where a healthcare provider fails to follow standard methods of providing care ending up causing preventable harm to a patient. This harm to the extreme can be death or various levels of injury. This is where we are that poor little Annita died and the Senate is investigating. Did Dr. Ondigo fail to"
}
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}