The Kenya Medical Practitioners and Dentists Council (KMPDC) has fined Aga Khan University Hospital Ksh1 million over lapses in a woman’s care. Valarie Cherono Misoi died shortly after giving birth in August 2019.
The council’s Disciplinary and Ethics Committee found shortcomings in the hospital’s treatment of Misoi. Her husband, Lawrence Oyaro, had filed a complaint alleging that poor medical care led to an infection she acquired at the hospital.
The committee ordered the hospital to pay the fine and review its medical procedures. It also directed the facility to improve measures for preventing maternal and newborn deaths. In addition, the hospital must seek an amicable settlement with the family through mediation.
KMPDC Issues Directives to Aga Khan Hospital
The committee issued its orders in Disciplinary Case No. 70 of 2022. The council upheld the findings during a meeting in January 2026.
The hospital must update its emergency obstetric and neonatal care protocols. It must also prove that the revised procedures meet the required standards. Furthermore, the facility must share the updated protocols with its staff and medical contractors.
The regulator also ordered the hospital to strengthen its Maternal and Perinatal Death Surveillance and Response (MPDSR) processes. These measures help healthcare providers identify the causes of maternal and newborn deaths. They also guide hospitals in taking corrective action.
The facility must meet Oyaro for mediation and report the outcome to the council within 90 days. The committee warned that non-compliance could lead to further regulatory action.
Husband Recounts Wife’s Final Days
Oyaro told the committee that Misoi received antenatal care at the hospital in 2019. Dr Mukaindo Mwaniki supervised her care during the pregnancy.
The couple had been satisfied with the services. As a result, they chose the same hospital for the delivery of their second child.
However, Misoi developed diarrhoea and abdominal pain during a hospital visit on August 18, 2019. According to Oyaro, she underwent medical tests and received advice to return for a review.
Misoi went into labour on the evening of August 27. She delivered a baby girl through normal vaginal delivery in the early hours of August 28.
Oyaro said hospital staff informed him that his wife had suffered a tear during delivery. They stitched the injury and described it as minor.
The hospital discharged Misoi on August 29 after she complained of leg pain. Medical staff had also investigated a possible blood clot, according to the ruling.
Oyaro’s complaint accused the hospital of failing to provide adequate care and skill. He alleged that the failure led to an infection acquired at the facility and ultimately caused his wife’s death.
Doctor Explains Earlier Symptoms
Dr Mwaniki confirmed that he examined Misoi on August 18. She had diarrhoea, abdominal pain and an elevated heart rate.
The doctor told the committee that her symptoms suggested a possible infection. However, he said the team did not consider her condition an emergency that required antibiotics before receiving culture results.
He collected a sample for testing and explained the warning signs to Misoi. He also advised her to return within three days for a review. According to his testimony, she did not attend that appointment.
Dr Mwaniki acknowledged that Misoi’s earlier symptoms could have required further assessment. These included gastrointestinal problems and fatigue, which may indicate a systemic infection. However, the hospital conducted no additional investigations of that nature during the subsequent antenatal visit.
He also reported a decline in Misoi’s haemoglobin levels. Her level dropped from 12.6 grams per decilitre in January 2019 to 11 grams in July. By the time she returned to the hospital, it had fallen to eight grams per decilitre.
Dr Mwaniki clarified that he only handled Misoi’s antenatal care. He did not manage her during delivery, her initial discharge or her later readmission.
Committee Clears Three Doctors
The committee found the hospital responsible for lapses in Misoi’s care. However, it cleared Dr Nyawira, Dr Umar and Dr Obare, ruling that they had no case to answer.
The regulator admonished Dr Gichuki for poor situational awareness. It also faulted the doctor for failing to consult senior medical staff promptly. According to the findings, these shortcomings contributed to delays in critical care.
The committee reviewed several pieces of evidence before reaching its decision. These included the complaint, medical records, autopsy and medical reports, statements from the parties and testimony presented during the inquiry.
Family Seeks Ksh100 Million Compensation
Separately, Oyaro’s lawyers, Githogori and Harrison Associates Advocates LLP, have proposed a Ksh100 million settlement over Misoi’s death.
The advocates broke down their compensation demand as follows:
- Ksh27.22 million for pain, loss and suffering.
- Ksh53.46 million for loss of years.
- Ksh17.82 million for loss of dependency.
- Ksh1.5 million in special damages.
The lawyers said the proposed amount should reflect the financial and emotional loss the family experienced. They added that Misoi was 27 years old and earned a net monthly salary of Ksh165,000 when she died.
To support their demand, the advocates cited the case Naila Gureshi v Aga Khan University Hospital. They said the separate case resulted in a Ksh157 million award.
The hospital’s lawyers had earlier proposed a lower settlement. Their offer included Ksh10,000 for pain and suffering and another Ksh10,000 for loss of expectation of life. They also proposed Ksh8.48 million for loss of dependency and Ksh1.5 million in special damages.
The family’s advocates expressed concern over the delay in resolving the dispute. They said the family had waited six years for closure. They urged the hospital to begin mediation and compensation talks within 60 days to avoid further legal expenses.
Compensation Talks Remain Separate
The council has directed both parties to pursue mediation and report the outcome within 90 days. However, the available documents do not confirm whether they have reached a settlement.
The Ksh1 million fine concerns the hospital’s regulatory responsibility for lapses in care. It does not determine the compensation payable to Misoi’s family. The parties must resolve that separate issue through mediation or the appropriate legal process.
