Sometimes I wonder how much research goes into preparing a parliamentary bill before it is tabled in Parliament.
Dear Hon. Beatrice Ogolla, I wish to believe that you have officially closed your child-bearing career before you thought to come up with this bill.
First of all, I wish to commend you for your efforts to reduce maternal and perinatal mortality. However, I also expressely state that sometimes, uninformed effort is more dangerous than none.
Current existing laws and jurisprudence have already adequately covered the contents herein. If your team had done a bit of research, they would have informed you this is already covered.
1. CAP 253 currently regulating health facilities DOES fine them when they are found culpable. And yes, the ceiling of the fines is 1 million, just like you propose.
The 1 million does not provide any recourse for the affected party. This is covered in damages. The damages can be negotiated by the parties, agreed upon and filed. Or, where agreement does not happen, the parties go to civil court to arbitrate. Also note, all health care providers, and all health facilities, are mandated to have a professional indemnity that covers for these damages whenever they arise.
2. Medical negligence is a civil matter. The aggrieved party has a right to go to court and sue. There is voluminous precedence right here in our jurisdiction that attests to the same. Huge damages have been awarded by our very own courts in these matters.
3. The only new introduction is the jail term. Dear Mheshimiwa, not every malpractice suit is a criminal offence.
HOWEVER,
Where the professional regulator finds a health professional's or a health facility's conduct to be dangerous or criminal, the matter is always forwarded to the ODPP for criminal proceedings to be initiated, and will testify on behalf of the State.
So please Mheshimiwa, help me understand the value of this new bill.
Most importantly, the health industry is mostly a service industry. When the service you provide becomes criminalised or extremely high risk, you simply close shop.
🤯🤯I am not sure the mothers of this Country are ready to deliver themselves!🤯🤯
@Apog_Kenya@MalecheAllan@Lasterbosire@KmpdcOfficial
https://t.co/LgJFutIZbE
As you start your day, do me a favor.
Comment, retweet, or quote #FormIEBC as many times as you can.
I only need 1000 mentions of this hashtag to kick-start the campaign.
The IEBC is our only way out of this mess now.
Retweet widely.
As you start your day, do me a favor.
Comment, retweet, or quote #FormIEBC as many times as you can.
I only need 1000 mentions of this hashtag to kick-start the campaign.
The IEBC is our only way out of this mess now.
Retweet widely.