17 Sep 2013 in Senate:
On a point of order, Mr. Speaker, Sir. I wanted to request you to postpone the vote on the Motion since it affects counties because we do not have the quorum to pass the Motion.
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17 Sep 2013 in Senate:
Madam Temporary Speaker, I wish to congratulate the Mover of this Motion, Sen. (Dr.) Zani. The Motion is well thought out. As a leader or as a governor, you must know where you are coming from and where you are going. I worked for a private organization. Immediately you entered that office, you were expected to do a “Strengths, Weaknesses, Opportunities and Threats” (SWOT) analysis. You had to look at your strengths, weaknesses and threats for you to formulate your plan. Now that we are in the era of devolution, there is public participation. We have people out there, the ...
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31 Jul 2013 in Senate:
Mr. Deputy Speaker, Sir, I beg to move:- THAT, concerned with the rising cases of patient mistreatment, negligence and professional malpractice by medical personnel in public and private health institutions in Kenya which take the form of misdiagnosis, wrong decisions on treatment and prescription, medical or surgical errors, physical or verbal abuse, detention for inability to pay for services and alcoholism; aware of the devastating effects of such acts of commission and omission which have resulted in suffering, permanent injury or death of innocent Kenyans contrary to Articles 26, 43(1)(a) and 53(1) of the Constitution; concerned that most of those ...
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31 Jul 2013 in Senate:
Mr. Deputy Speaker, Sir, the purpose of the Motion is to urge the national government to establish public health complaint boards in all the counties where citizens can redress the situations of medical negligence and malpractices in line with the provision of the Constitution of Kenya. The Motion seeks to improve the patient provider relationship by bringing redress mechanisms to the counties closer to its citizens.
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31 Jul 2013 in Senate:
The constitutional basis on which this Motion is founded is Article 26 which states:- “Every person has the right to life” If lives are, therefore, lost, it contravenes the spirit of the Constitution, especially the Bill of Rights. Article 43(1) also states that every person has the right to life and to the highest attainable standards of health which include the right to healthcare services. Article 53(1) states that every child has the right to basic nutrition, shelter and healthcare. In cases of mother and child mortality, it works against Article 53 dealing with reproductive health. The electronic version of ...
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31 Jul 2013 in Senate:
Mr. Deputy Speaker, Sir, one in every five Kenyans who walk into a healthcare facility for treatment, whether public or private, ends up dead or harmed due to mistakes made by those treating them. Incidences of misdiagnosis, wrong decisions and treatment, medical or surgical prescription errors are on the rise across Kenya and have resulted in suffering, permanent injury or death of innocent citizens. Public health institutions meant to foster care and treatment have become indifferent to the plight of the suffering. Mr. Deputy Speaker, Sir, how can this impunity be controlled? The current trends that justify the Motion are ...
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31 Jul 2013 in Senate:
Kenya and the Clinical Officers Council (COS) established under the Clinical Officers Act, CAP 260, Laws of Kenya. These bodies are obliged to protect members of the public by ensuring that medical practitioners perform their services to patients with skill, diligence, and observe the law at all times. They should also have high moral and ethical standards. The MPDB which was established under CAP 253, Laws of Kenya, is charged with overseeing complaints against private and public practitioners. However, this one is based at the national level and is generally ineffective given that the health services are largely a function ...
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31 Jul 2013 in Senate:
Thank you for informing me. I will proceed.
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31 Jul 2013 in Senate:
Thank you, Mr. Deputy Speaker, Sir. I think I will proceed under Standing Order No.81 where I am not expected to read the speech. However, I will continue with my contribution. The existing MPDB---
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31 Jul 2013 in Senate:
Mr. Deputy Speaker, Sir, I will make short references, but continue with my contributions. The point I was making is that the existing KMPDB is at the national level. So, my Motion urges the Government to establish complaints boards in counties so that services are closer to people. This Motion is aimed at establishing the county level public complaints boards whose objectives are to establish an oversight and regulatory mechanism. Right now, the KMPDB oversights itself. There is need for us to establish a complaints board at the national level. The board should comprise of people who have been elected ...
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