The High Court has directed the Kenya Medical Practitioners and Dentists Council (KMPDC) to present evidence within seven days in a case filed by Omnicare Medical, operating as Body by Design, following its closure after a patient’s death.
The facility, through lawyer Danstan Omari, filed a lawsuit on October 31 seeking to prevent KMPDC from shutting down its operations. The case stems from the death of Lucy Wambui, who passed away at Nairobi Hospital ten days after undergoing a liposuction procedure at the facility.
“The facility performed a successful liposuction procedure on Lucy Wambui on October 16, 2024,” stated Omari in court documents. The facility claims KMPDC closed its establishment without proper notice.
Justice John Chigiti, who certified the case as urgent, ordered KMPDC to serve its evidence to Omnicare Medical to allow for response. The case names KMPDC, the Ministry of Health, and the Nairobi County Director of Health as respondents.
In court documents, Omnicare Medical maintains that it “specializes in body contouring procedures and employs highly qualified personnel.” The facility revealed that on October 31, KMPDC had requested patient information and staff credentials related to the deceased’s case.
The health facility also reported facing security challenges, stating in court documents that “offices were barricaded by goons who threatened to burn them down.” Omnicare argues that the closure threatens the livelihoods of its employees and infringes upon its right to conduct business.
“The closure notice posted at the medical facility’s entrance should be cancelled as it violates Omnicare’s right to conduct business and provide services to its clients,” the court documents indicate.
