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Body by Design case has been certified as urgent by the court thus it will be heard on priority basis.
High Court Judge John Chigiti while issuing the order directed that the respondents be served with this application within seven days.
“The respondents and the interested parties shall file their responses and submissions in seven days of service,”added Chigiti
The directive has been issued after Body by Design moved to the high court seeking to reverse closure order by Kenya Medical Dentist and Practitioners Board (KMPDU)
The Medical facility says it has been condemned unheard while it is medical facility specializing in cosmetic medical procedures and closes business daily at 4PM.
Through lawyer Danstan Omari,It says that patient Lucy Wambui Kamau walked into the facility on October 16,2024 for liposuction and after a series of tests on the said patient by them and MP Sha Hospital,the patient was declared fit for the medical procedure and the same was done.
He wants to quash the closure notice attached to the entrance of the premises Purporting to suspend the applicants operations pending investigations.
“I am seeking an order of prohibition refraining the respondents from interfering with the medical activities and procedures as conducted by the Omnicare Medical and to allow continuous smooth running of the facility,”added Omari.
The hospital is also seeking a declaration that the action of the board to close the facility without a written notice is unreasonable and in bad faith as the respondents are aware of the state.
Omari says that closure of the hospital without written notice is an outright exhibition of bad faith,malice and a scheme to have the registration of Omnicare Medical cancelled.
He adds that Article 19(1) and (3) of the Constitution of Kenya guarantees rights and fundamental freedoms in the bill of rights belonging to each individual.
Omari says that closure is a clear infringement of Article 21(1)of the constitution by the board which is entitled to observe,promote and fulfill the Rights and Fundamental freedoms in the Bill of Rights.
It wants the court to stay the order by the board to close the Medical facility.
She was supposed to be discharged on 17/10/2024 but on her own volition requested for more days and same was granted.
On October 18,2024 she complained of chest pains and was attended to by doctors and nurses at the at the facility.
She left the facility on October 22,2024 after she confirmed that she was ready to be discharged on recommendations of the doctor at the facility.
“She came back at the facility at 6PM but it was closed for the days business,they called a medical officer at the facility who followed them to Nairobi Hospital where she was attended to and a second procedure done on her at Nairobi Hospital on October 23,2024 ,”added Omari.
The documents indicate that unfortunately ,the patient died while undergoing treatment at Nairobi Hospital on October 26,2024.
In a letter dated October 29,2024,the deceased family through an advocate invited the facility’s director to attend a Postmortem of the patient at Nairobi Hospital,a request which was gladly accepted.
According to Omnicure,the patient death has been attributed to them leading to the closure of their facility.
They contends that the board arrived at the facility with thousands of unruly goons who barricaded their offices threatening to burn it down.
Omari says there is a scheme to frustrate the Hospital as the board has already closed down the operations threatening the livelihoods of Many Kenyans that have been employed by the facility.
“There are numerous threatening calls by unknown persons to the staff of the hospital,”added Omari.
In the application,the Ministry of Health and Nairobi County Director of Health are sited as the respondents while Francis Nganga and Nairobi Hospital are the interested party.
The facility is seeking court’s indulgence in this matter.
It is blaming the board for picking them for purposes of investigations and it says if there is any unauthorized activity,it will come up when the applicants are given opportunity to give their side of the story.
The Hospital says the board has exhibited malice in an attempt to cancel the registration of the facility as they have already,without a notice and with lots of intimidation and closed it down.
“The board is aware of the systemic attempts to harass the Hospital as it apparent in most social media platforms,”added
The Ministry of Health recently supported the move to close the hospital pending investigations.
