A disturbing case of alleged sexual assault by a doctor at Pandya Memorial Hospital has come to light, prompting the Federation of Women Lawyers in Kenya (FIDA-Kenya) to demand immediate action against the perpetrator and the hospital management.
According to reports, a female dialysis patient was subjected to repeated sexual harassment and assault by a doctor during her early morning dialysis sessions over a period extending from late 2024 into 2025. The victim’s statement to the police details instances of unconsented sexual conversation, groping, and rape. These heinous acts allegedly continued despite the victim’s complaints to the hospital’s management, indicating a profound oversight or cover-up.
FIDA-Kenya has voiced strong criticism against Pandya Memorial Hospital’s administration for ignoring the victim’s reports. “Their failure to intervene not only enabled the crime to continue but also showed the hospital’s systemic failure to protect patients from sexual violence. They aided this crime through their indifference and inaction,” stated FIDA-Kenya in a release seen by Kenya Insights.
The organization is now pressing for the arrest of the implicated doctor and is calling upon the Directorate of Criminal Investigations (DCI) and the Office of the Directorate of Public Prosecution (ODPP) to look into the roles of specific hospital staff who were aware of the assaults but failed to act. FIDA-Kenya insists that the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Nursing Council of Kenya (NCK) should suspend the licenses of those involved pending a full investigation, with permanent deregistration as a possible outcome if guilt is confirmed.
In response to this grave misconduct, FIDA-Kenya plans to initiate a civil lawsuit against Pandya Memorial Hospital to seek compensation for the victim, citing gross negligence and a failure to ensure patient safety. They have announced plans to communicate specific demands for policy and practice changes to the Mombasa Health Department, KMPDC, NCK, and the Ministry of Health within the next five days to enhance patient protection measures.
The legal implications of this case are severe. Under Kenyan law, particularly Section 3 of the Sexual Offences Act of 2006, the accused doctor could face a minimum sentence of ten years, extendable to life imprisonment for rape. Additionally, the Penal Code (Cap 63) allows for charges against the hospital management for neglect of duty and complicity in the crime. The Health Act of 2017 and the Medical Practitioners and Dentists Act (Cap. 253) empower regulatory bodies to take action against health facilities that fail to ensure patient safety, while the Nurses Act (Cap. 257) provides for disciplinary measures against nurses for professional misconduct.
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