Wanyoike v Medical Practiontioners and Dentist Board & another [2017] KECA 452 (KLR)
- Court
- Court of Appeal
- Case number
- 452
- Citation
- [2017] KECA 452 (KLR)
The appeal lacks merit and is dismissed with costs to the 1st respondent
Facts
Dr. Wanyoike Gichuhi was a consultant Obstetrician/Gynaecologist registered by the Medical Practitioners and Dentist Board. A patient named N filed a complaint against Dr. Wanyoike in December 2000, alleging negligence leading to severe tears to her uterus and loss of her unborn baby. The complaint was dismissed for want of prosecution in 2011. The Board then conducted a preliminary inquiry and ratified the findings, recommending Dr. Wanyoike to appear in most extensive remedial nature.
Issues
- Whether the appeal lacks merit
- Whether the High Court has the authority to order the Board to issue a licence
Reasoning
The court dismissed the appeal as it found no merit in the case. The court also stated that the High Court cannot prohibit the Board from further investigating the complaint, as it is the Board's mandate to investigate its members on allegations of professional misconduct.
Outcome
Appeal dismissed with costs to the 1st respondent
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Medical Practitioners and Dentists (Disciplinary Proceedings) Procedure Rules
- Medical Practitioners and Dentists Act
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