On 9th March 2012,I, Dr Charles Ochieng was working at Marie Stopes Kisumu(MSK).At 10.30 a.m we received a pregnant woman,Winnie Akinyi bleeding profusely from the vagina at 34 weeks of gestation,she had allegedly been assaulted by a philandering husband,Mr Benard Ochieng.We did what was humanly possible to salvage her life as per the Antepartum Haemorrhage protocol.But she passed on later after about 9 hours under the care of another doctor,Dr Aggrey Akula.Here below is the Marie Stopes Clinical audit report which vindicated me and the team.
Winnie Medical Report
A clandestine postmortem done in my absence and that of my lawyer,Mr Erick Ojuro alleged that there was an unsutured posterior lower uterine tear with haemoperitoneum,Dr Akula who was never summoned to testify in court had indicated in his notes after paracentesis that there was no evidence of haemoperitoneum.An Ultrasound done revealed Intrauterine fetal death,abruptio placenta and placenta praevia but no uterine tear was identified by the ultrasound.
The magistrate,Mr Benard Kasavuli of Winam court in Kisumu used a fake report from the Medical practitioners and Dentists Board to convict me for manslaughter yet I have never been summoned by the same board to explain how we managed the patient.The Kenya medical practitioners and dentists board is a quasijudicial authority that determines cases of medical malpractice in Kenya.The fake report was never tendered nor corroborated in court.Here below is his judgement;
judment ochieng
I lodged an appeal against this mistrial and unfair judgement.Here below is the appeal;
APPEAL file
Justice Esther Maina is set to make a ruling for my Criminal appeal no 49/2016 on the 9th,April,2018 at the High Court of Kisumu.Its my hope that I will be acquitted because Mr Kasavuli made fundamental errors in law and facts by convicting me maliciously without adhering to the due process of the law.
CHARLES ACQUITTAL
