The Civil Division of Uganda’s High Court has instructed Mulago National Referral Hospital to pay Fatumah Nakayima Shs.50 million as compensation for her baby’s disappearance. The ruling, issued by Judge Philip Odoki, includes a 15% per annum interest from the ruling date until the full payment.
This decision follows a seven-year legal battle by the Center for Health, Human Rights, and Development (CEHURD) and Nakayima against the Executive Director of Mulago National Referral Hospital and the Attorney General. The case challenged the hospital’s failure to provide Nakayima with her newborn, whether alive or deceased.
According to the court, Nakayima, experiencing labor pains, was admitted to Ward 5C at Mulago Hospital. The next day, an emergency caesarian section was performed in the theatre, where the anesthetist, Okwel, administered full anesthesia, causing Nakayima to lose consciousness.
Upon regaining consciousness, Nakayima inquired about her baby, only to be informed by a health worker that she had given birth to a baby boy who weighed 3.5 kgs. The baby, reportedly alive for a brief period, was said to have died. Despite her requests, Nakayima was unable to locate her baby’s body, even after reporting the matter to the police and visiting the hospital mortuary.
The court also heard from Kyokuwaire Teddy, an enrolled midwife, and Dr. Barageine Justus Kafunjo, an obstetrician and gynecologist at Mulago Hospital. They asserted that Nakayima was awake throughout the operation, her uterus was ruptured, and the baby was already deceased. While Nakayima and her sister were reportedly informed of the tragic death and shown the body, it remains unclear whether they received it.
In light of these circumstances, the court has mandated Mulago Hospital to compensate Nakayima with Shs.50 million for the mysterious disappearance of her baby.
