Fida-Kenya condemns sexual assault of a patient at Pandya Memorial Hospital
Fida-Kenya chairperson Christine Kungu (left) with Janet Anyango Fida_Kenya lawyer address journalists at their offices in Nairobi at a past event. They have linked the Pandya Hospital case to rising GBV crisis i the country.
What you need to know:
- According to recent data from the Kenya National Bureau of Statistics (KNBS), sexual violence cases reported in 2024 increased by 15 percent compared to the previous year.
- A report by the Coalition Against Sexual Violence (CASV) revealed that 45 percent of women in Kenya have experienced some form of sexual violence in their lifetime.
The Federation of Women Lawyers in Kenya (Fida-Kenya) has issued a strong condemnation following the sexual assault of a female dialysis patient by a renal doctor at Pandya Memorial Hospital in Mombasa. The incident, which occurred over several months from late 2024 into early 2025, has sparked outrage and calls for immediate action against both the perpetrator and hospital management for failing to protect the survivor.
According to the survivor's police statement, the doctor exploited early morning dialysis sessions to sexually harass and ultimately rape her. Despite reporting the doctor's conduct to hospital management, no action was taken, allowing the abuse to continue unchecked. Fida-Kenya has described the incident as a gross violation of medical ethics, criminal law, and patients' fundamental rights to safety and dignity.
"This egregious act is not only a criminal offense but also a betrayal of the trust patients place in healthcare providers," said Jane Onyango, an advocate of the High Court, speaking on behalf of Fida-Kenya board chairperson Christine Kungu, in a Monday press statement.
Failure to intervene
"The hospital's failure to act on the survivor's reports is equally reprehensible and demonstrates a systemic failure to protect patients from sexual violence."
The organisation expressed deep concern over the hospital management's inaction, which enabled the crime to persist.
"The indifference and inaction of senior staff at Pandya Memorial Hospital aided this crime," the statement read. "Their failure to intervene is a clear dereliction of duty and complicity in the crime."
Fida-Kenya, which provides legal aid to women and their children, has called for the immediate arrest and prosecution of the accused doctor under Section 3 of the Sexual Offences Act of 2006, which carries a minimum sentence of ten years, extendable to life imprisonment. The organisation also demands that hospital management and staff who ignored the survivor's reports be held accountable under the Penal Code, the Health Act of 2017, and the Medical Practitioners and Dentists Act.
In their comprehensive response, Fida-Kenya is demanding the immediate arrest and charging of the accused doctor by the Directorate of Criminal Investigations and the Office of the Director of Public Prosecutions (ODPP) in Mombasa. They are also calling for the suspension of licenses for all involved medical personnel by the Kenya Medical Practitioners and Dentists Council (KMPDC) and the Nursing Council of Kenya (NCK) pending investigations, alongside the filing of a civil lawsuit against Pandya Memorial Hospital for gross negligence and failure to protect the survivor.
"We will actively monitor this case to ensure justice for the survivor," Advocate Onyango stated. "Fida-Kenya will also pursue policy changes to prevent such atrocities in the future."
Sexual violence cases
This incident comes amid a surge in gender-based violence cases in Kenya, including a disturbing rise in femicide.
According to recent data from the Kenya National Bureau of Statistics (KNBS), sexual violence cases reported in 2024 increased by 15 percent compared to the previous year.
A report by the Coalition Against Sexual Violence further revealed that 45 percent of women in Kenya have experienced some form of sexual violence in their lifetime.
"The assault at Pandya Memorial Hospital is a stark reminder of the pervasive nature of gender-based violence in our society," the statement emphasised. "It is unacceptable that women and girls continue to face such atrocities, even in spaces where they should feel safe, such as hospitals."
Fida-Kenya has pledged to advocate for stronger safeguards to protect patients from abuse in healthcare facilities. Within the next five days, the organisation will submit formal demands to the Health Department in Mombasa, KMPDC, NCK, and the Ministry of Health, calling for stricter policies and practices to prevent such incidents.
"We abhor all forms of gender-based violence and will hold every institution accountable for violations that occur under their watch," the statement emphasised.
Flight risk
"What happened at Pandya Memorial Hospital must never happen again. We remain committed to pursuing justice for the survivor and ensuring that all responsible parties are held accountable."
In a swift development, the suspect has since been arrested and charged in court. A clinical officer at Pandya Memorial Hospital, appeared in court yesterday facing rape and indecent act charges. Despite prosecution concerns about flight risk and witness interference, he was released on a Sh500,000 bond with one surety.
The case, which will be mentioned on February 17, involves alleged assaults between October 2024 and January 31, 2025, with the most recent incident occurring during an early morning hospital shift.