A judge has directed the Kenya Medical Practitioners and Dentists Council (KMPDC) to file evidence in a lawsuit filed by Omnicare Medical, operating under the name Body by Design, which KMPDC closed following the tragic death of Lucy Wambui after a body contouring procedure last month.
Omnicare Medical, which filed the case on October 31, seeks a court order to prevent KMPDC from shutting down its operations. The facility claims KMPDC closed its Nairobi County establishment without proper notice.
In the lawsuit filed by lawyer Danstan Omari, Omnicare alleges that it performed a successful liposuction procedure on Lucy Wambui on October 16, 2024. However, Wambui later passed away at Nairobi Hospital, ten days after the procedure while receiving treatment.
Omnicare seeks the High Court’s intervention to stop KMPDC from closing its facility. The lawyer also requests the cancellation of the closure notice posted at the medical facility’s entrance, arguing that it infringes upon Omnicare’s right to conduct business and provide services to its clients.
In the evidence presented to the High Court, Omnicare Medical asserts that it specializes in body contouring procedures and employs highly qualified personnel. The court also heard that on October 31, KMPDC requested the patient’s information and the academic credentials of the staff who attended to the deceased.
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Omnicare further claims that its offices were barricaded by goons who threatened to burn them down. The health facility is now pleading with the court to protect its business, stating that it employs a significant number of workers who would lose their jobs if the facility is shut down.
Omnicare has named KMPDC, the Ministry of Health, and the Nairobi County Director of Health as respondents in the case.
On Tuesday, Justice John Chigiti, who certified the case as urgent, ordered KMPDC to submit its evidence within seven days. The judge also directed KMPDC to serve its evidence to Omnicare Medical so the facility can respond to the issues raised.
The case is set for mention on December 4, 2024, for further directions.
