‘Whispers’ of justice, ten years later

Wahome Mutahi ‘s widow, Ricarda Njoki, with daughter Caroline Muthoni at the High Court,. [Photo: Pamela Chepkemei]

By Pamela Chepkemei

NAIROBI, KENYA: Ten years after the death of her husband caused by surgery complications, the widow of humourist and thespian Wahome Mutahi yesterday got a chance to present her case for compensation before a High Court Judge.

Mrs Ricarda Njoki Wahome lodged the case one year after the death of her husband – popularly known as ‘Whispers’ – in 2003, but it has taken nine years for it to go on trial.

The widow, a nurse at a Government hospital, is seeking special damages of Sh395,000 and general damages for pain and suffering, unlawful death, and loss of dependency.

“My children and I lost a caring, loving and responsible father and husband,” Mrs Wahome told a Nairobi court.

She has sued the Government for compensation for complications after a botched surgery at Thika District Hospital led to her husband’s death.

Also sued is Ronald Lwedago, Geoffrey King’ang’a, and the Attorney-General.

Mutahi was admitted to the Government hospital under the care of Dr Wedago and Dr King’ang’a on March 7, 2003, for an operation to remove a swelling in his neck.

Mrs Mutahi told the court that the two doctors negligently and recklessly mishandled her husband during diagnosis and operation, ultimately leading to his death.

She told the trial judge, Rose Ougo, that the doctors acted negligently by recommending and approving the treatment of her husband in an inappropriate facility.

The doctors operated on the patient without oxygen support facility and denied him breathing aid during the surgery, she says.

Mrs Mutahi says her husband was given an overdose of anaesthesia and operated on while lying in an inappropriate position.As a direct consequence of the unlawful conduct of the two defendants, the deceased did not recover from the   anaesthesia and subsequently died on July 22, 2003, out of the medical complications  arising from the negligence and unprofessional operation,” says Mrs Wahome.

She told the judge that King’ang’a had stated on oath that there were instructions to staff at the Thika District Hospital not to supply him with drugs but he still went ahead with the surgery.

Went into Coma

Mutahi went into a coma after the operation and was admitted to the Kenyatta National Hospital in Nairobi from March 7 until he passed on four months later.

Mrs Wahome, who was taken through her chief evidence by her lawyer Robert Macharia, said her husband was the sole bread winner and had entered into contracts with several media houses.

She told Lady Justice Ougo that her husband had left behind three children, who she has to take care of and she should be compensated by the Government .

She told the court that her husband was in robust health when he left for Thika District Hospital on March 7 for surgery in the company of his brother, Richard Kariuki. He had earlier seen a doctor who booked him for the operation.

One of Wahome’s sisters, Rose Wangechi, went to the hospital at 1pm to check on him but was informed that he was still at the theatre.

Ms Wangechi received a call from the hospital three hours later asking her to urgently rush there because there was an emergency.

She was informed that Mutahi had developed post operation complications and had to be transferred to Kenyatta National Hospital.

Mutahi was moved to KNH at 6 pm by an ambulance owned by AMREF, after the family paid Sh26,000.

He was admitted to the Intensive Care Unit where he went into a coma until July 22 when he died.The widow says she tried to get an explanation regarding her husband’s death from the doctors, but all she was told was that the operation had been successful.

Mutahi’s relatives lodged a complaint with the Kenya Medical Dentists and Practitioners Board on August 18, 2003.

A preliminary inquiry committee of the Board found that the surgery on Mutahi was carried out in inappropriate facility. The committee also said that the anaesthetic management had shortcomings and that there was failure to give oxygen intra-operatively to the patient. A wrong diagnosis of pulmonary oedema had also been made.The Board cleared Dr Lwegado and Dr Philip Mulingwa. Dr Mulingwa had examined Mutahi on February 27 and scheduled him for surgery.

Dr King’ang’a was found guilty of misconduct and suspended for six months. The hearing was adjourned to June 24.