A surgeon at the heart of investigations into a botched breast surgery tried to reach out to the victim’s family at her funeral, fresh court filings have now revealed.
Mr Joseph Mulupi, the husband of 33-year-old June Wanza who died after the procedure at Surgeoderm Healthcare, said Prof Stanley Khainga made several frantic efforts to “settle the matter amicably” before he filed a complaint against the surgeon and the clinic. She was admitted to Nairobi Hospital but died a day later.
Mr Mulupi filed a complaint against Prof Khainga and Surgeoderm before the Kenya Medical Practitioners and Dentists Board.
Prof Khainga, however, sued the board and Mr Mulupi, claiming they have colluded to put all the blame on him.
The surgeon has faulted the board and Mr Mulupi for excluding Nairobi Hospital and its doctor Reuben Okioma, who was attending to Ms Wanza when she died.
The surgeon said Dr Okioma caused injuries to Ms Wanza’s neck which led to her death, hence should be a party to the board proceedings.
But Mr Mulupi said Dr Okioma only tried to perform emergency services to rectify complications his wife developed while under Surgeoderm’s care. Mr Mulupi added that he filed a complaint of his own accord after the board ruled that it could not fault Nairobi Hospital for Ms Wanza’s death.
Prof Khainga has been sued alongside his co-directors at Surgeoderm — Dr Martin Ajujo and Dr Evans Cherono. He has also enjoined Nairobi Hospital and Dr Okioma as interested parties.
“It is highly manipulative and insensitive of Prof Khainga to want to play around with me psychologically because he has time and again sent Dr Andrew Were to approach me, including during the funeral of my late wife on June 16, 2018 and during the active hearing of the matter before the board to attempt an amicable settlement," said Mr Mulupi.
He added: “On September 26, 2018 Prof Khainga called my lawyer Mr Simiyu (Jimmy) and inquired of my whereabouts because he wanted to talk to me to attempt an out-of-court settlement. He informed my lawyer that he was due to travel out of the country that evening for one week and thus needed to speak to me urgently."
Prof Khainga, Dr Ajujo and Dr Cherono have argued that the board's selection of an investigative committee was discriminatory, as it is aimed at settling scores. The committee comprises Dr Nyahim Opot, a lecturer at the University of Nairobi, Mr Peter Munge, the board’s lawyer, and Mr Mulupi’s lawyer Simiyu.
According to the three, Dr Opot is a colleague of Dr Khainga at the university and would likely have a biased decision since he had a personal difference with him.
They also argued that all the three committee members are parties to a case in which Prof Khainga is the complainant against the board over a decision made by Dr Opot.