The Council received 26 complaints of alleged professional medical malpractice in the third quarter of the year 2021-2022. Of these complaints, 20 have had case files opened and are awaiting submissions from the respective respondents. In hearings held in January and February 2022, which involved complaints which had been filled previously, the D&EC Sub-Committees determined nine 9 cases and one 1 case was adjourned.

KMPDC is mandated to regulate health training, practice of medicine and dentistry as well as regulate healthcare standards in hospitals, medical centers and clinics through the Disciplinary and Ethics Committee. The Disciplinary and Ethics Committee (D&EC) is established by the Medical Practitioners and Dentists Act, Chapter 253 of the Laws of Kenya, Section 4A (1) (b) which mandates the D&EC to conduct inquiries into complaints submitted to it.

In hearing and determining complaints of alleged medical negligence, the D & E Committee goes through several stages including receiving of a complaint, opening of a D&EC case file, expert review and committee stage all while allowing both the complainant and respondents have adequate time to file submissions to ensure an impartial process.

According to Ms. Eunice Muriithi Assistant Director, Discipline and Ethics, “the determination of cases involves intense investigation based on medicine and backed by a thorough analysis of the patient journey by critically evaluating the complainant and respondents’ statements, patient files and records to ensure a fair outcome for each complaint presented to the committee.”

Medical practitioners are encouraged to ensure that:

• They keep accurate documentation and patient notes

• Engage in continuous and honest communication with their patients and their families

• Take up indemnity covers as is mandated in the Health Laws Amendments Act of May 2019.

This safeguards the practitioners should there ever be any complaint lodged against them.

The Council commits itself to do everything within the law to ensure that every matter is determined in the shortest time possible. However, a number of factors such as inadequate documentation by complainants, lack of cooperation from defendants and need of review by multiple specialties can extended the duration before final determination of a cases.