Nairobi – The High Court has fast-tracked a case filed by Omnicare Medical, the operator of Body by Design, as it challenges its recent shutdown by the government.
The facility was ordered to close following the tragic death of Lucy Wambui, a client who passed away shortly after undergoing a cosmetic procedure at the clinic.
Omnicare Medical filed the suit, arguing that there is no conclusive evidence linking the facility to Wambui’s death.
In its complaint, the clinic contends that the closure was premature and that it was not afforded an opportunity to respond to the allegations before the Kenya Medical Practitioners and Dentists Council (KMPDC).
With the High Court deeming the matter urgent, the clinic’s case against the KMPDC will proceed with priority as it seeks to overturn the closure order and resume its operations pending further investigation.
Through their advocates, Sophie Nekesa and Dunstan Omari, the facility told the court that they are apprehensive that they might be blamed for the death of Wambui without a complete probe.
“There is apprehension that the death of the patient might be attributed to the applicant even though there are no official postmortem results that have been shared with the applicant. The 1st respondent, relying on random, unreliable and sensational social media posts, wrote to the applicant that they would be coming to the facility on the 31st day of October 2024, and in the afternoon of the said date, the said respondent wrote to the facility requesting patient information and academic credentials of the facility staff that attended to the said patient,” their application stated.
Court Orders Urgent Hearing in Body by Design’s Closure Challenge
On Tuesday, November 5, Justice John Chigiti ruled that the case filed by Body by Design was indeed urgent. The court directed the Kenya Medical Practitioners and Dentists Council (KMPDC), the Nairobi County Director of Health, and Nairobi Hospital to submit their responses within seven days.
Body by Design sought a court order to prevent KMPDC from interfering with its daily operations, arguing that the facility had not been given an opportunity to present its side before the Board. KMPDC, however, had issued a statement last Friday justifying its decision to shut down the clinic, stressing that the measure was crucial for public safety and to ensure healthcare facilities adhere to established standards. The court scheduled a mention for December 12 to verify compliance.
Body by Design’s legal challenge follows a closure notice issued on October 31, where KMPDC cited significant health and safety violations under CAP 253 of the Medical Practitioners and Dentists Act. The clinic filed suit, disputing the validity of the closure and arguing that no direct link had been proven between their facility and the recent fatality.
This challenge came after the Ministry of Health’s own investigation, which found the clinic to be seriously non-compliant with regulatory standards. According to an autopsy report, Wambui, who had undergone an abdominal liposuction, developed chest pains and breathing difficulties two days post-procedure. She was laid to rest on Tuesday, November 5, in Limuru, Kiambu County.