Aga Khan Hospital fined Sh1 million over mother’s death after childbirth

The Aga Khan University Hospital has been fined Sh1 million by the Kenya Medical Practitioners and Dentists Council (KMPDC) over professional lapses in the care and management of a woman who died shortly after giving birth in August 2019.

The council’s Disciplinary and Ethics Committee found the hospital culpable in the treatment of Valarie Cherono Misoi, whose husband, Lawrence Oyaro, accused the facility of failing to provide adequate medical care, allegedly resulting in a hospital-acquired infection that ultimately led to her death.

In its determination in Disciplinary Case No. 70 of 2022, the committee ordered the hospital to pay the fine, review and update its medical protocols, strengthen maternal and perinatal death surveillance procedures, and enter mediation with the bereaved family to pursue an amicable settlement.

The council upheld the committee’s findings at a meeting in January 2026, directing the hospital to demonstrate compliance with the recommendations and report the outcome of mediation within 90 days.

The regulatory action comes as the family, through its lawyers, Githogori and Harrison Associates Advocates LLP, seeks Sh100 million in compensation from the hospital over Misoi’s death.

The advocates have proposed Sh27.22 million in general damages for pain, loss and suffering, Sh53.46 million for lost years, Sh17.82 million for loss of dependency and Sh1.5 million in special damages.

They argue that the compensation should reflect the financial and emotional loss suffered by the family following the death of Misoi, who was 27 years old and earning a net monthly salary of Sh165,000 at the time.

The family’s lawyers have also cited a separate judgment in Naila Gureshi v Aga Khan University Hospital, which they say involved an award of Sh157 million, in support of their assessment of damages.

The hospital’s advocates had previously proposed Sh10,000 for pain and suffering, Sh10,000 for loss of expectation of life, Sh8.48 million for loss of dependency and Sh1.5 million in special damages.

The two proposals reflect the parties’ differing positions on compensation, with the KMPDC’s disciplinary determination remaining separate from the family’s civil claim.

Warning signs before delivery

In testimony before the committee, Oyaro said his wife had received antenatal care at the hospital under Dr Mukaindo Mwaniki during her pregnancy in 2019.

The couple had been satisfied with the care she received and chose the same facility for the delivery of their second child.

However, on August 18, 2019, Misoi visited the hospital complaining of diarrhoea and abdominal pain. She underwent investigations and was advised to return for review.

Dr Mwaniki told the inquiry that he examined her during the visit and noted an elevated heart rate, with symptoms that suggested a possible infection.

He said a sample was collected for investigation, and Misoi was counselled on danger signs and advised to return within three days. According to his testimony, she did not attend the scheduled review.

The doctor told the committee that the symptoms were not considered an emergency requiring antibiotics before culture results became available. He nevertheless acknowledged that the gastrointestinal complaints and fatigue could have warranted closer assessment for a systemic infection.

He also confirmed that Misoi’s haemoglobin level had declined from 12.6 grams per decilitre in January 2019 to 11 grams in July and eight grams at readmission.

Dr Mwaniki maintained that his involvement was limited to antenatal care and that he did not manage the patient during delivery, her initial discharge or her subsequent readmission.

Discharge after childbirth

Oyaro told the inquiry that his wife went into labour on the evening of August 27, 2019, and delivered a baby girl through normal vaginal delivery in the early hours of August 28.

He was informed that she had sustained a tear during delivery, which was stitched and described to him as minor.

Misoi was discharged on August 29 after complaining of leg pain and undergoing investigations for a possible blood clot, according to the testimony recorded in the ruling.

The complaint subsequently raised concerns about whether the hospital had exercised reasonable care and skill in managing her condition and whether lapses in treatment contributed to the infection and her eventual death.

The committee considered the complaint, medical records, autopsy and medical reports, statements from the parties and evidence presented during the inquiry before reaching its determination.

While holding the hospital culpable for lapses in care and management, the committee absolved Dr Nyawira, Dr Umar and Dr Obare, finding that they had no case to answer.

Dr Gichuki was admonished over what the committee described as a lack of situational awareness and failure to consult senior team members promptly, contributing to delays in critical care management.

Hospital ordered to tighten protocols

The committee further directed the hospital to review and update its protocols to ensure compliance with emergency obstetric and neonatal care standards.

The revised protocols must be disseminated to hospital staff and medical contractors, with the facility required to demonstrate compliance to the regulator.

The hospital was also ordered to implement and monitor Maternal and Perinatal Death Surveillance and Response processes, which are designed to identify factors contributing to maternal and perinatal deaths and recommend corrective measures.

The committee warned that failure to comply with its directives could attract further regulatory orders.

Meanwhile, the family’s lawyers have expressed concern over the time taken to resolve the dispute, saying the family has waited six years for closure.

They urged the hospital to participate in mediation and compensation discussions within 60 days to avoid further litigation costs.