A university hospital has been ordered to pay a woman Sh4.3 million in compensation after she conceived when she had been assured that a contraceptive administered to her would prevent pregnancy.
High Court Judge Hatari Waweru directed Aga Khan University Hospital to pay the money that would go towards the general upkeep of the â€œunplanned childâ€.
â€œI will award Sh20,000 per month per year for 18 years. In arriving at this figure, I have taken into account that the cost of living will probably keep rising.
â€œThere will be a stiff rise in expenses for the child when she gets to secondary school and hopefully to university,â€ Justice Waweru said in his judgment delivered at Murangâ€™a.
The woman consulted Aga Khan University Hospitalâ€™s family planning clinic for a contraceptive as she did not want to have more children.
The court heard that she was advised that an implant known as Implanon would be the most suitable for her and protect her from conceiving for three years.
The plaintiff said she was assured she was free to have intercourse with her husband without using protection.
In his ruling, Justice Waweru said the complainant was surprised when in August 2012, her menses failed and a home pregnancy test came out positive.
â€œShe visited the hospital on August 10, 2012 where a further test confirmed she was indeed pregnant.
â€œOther tests by the hospital staff confirmed that no Implanon had been implanted after all. This resulted in the delivery of her third child on March 26, 2013,â€ said the plaintiff.