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Court awards man Sh44.5m for botched surgery 14 years ago




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During a basketball game between St Mary’s School and Highway Secondary on the afternoon of February 8, 2005, rising star Jacob Ondeko, who was playing for the former, fractured his nose after being elbowed.

Jacob’s team eventually won the game 75-55. Three days later, his father, John, escorted him to Nairobi Hospital for a procedure that was to help correct the effects of the fracture. At this point, his nose was bent.

Before the surgery, the initial anesthetist Dr Moniz Gerald was replaced, and Dr Praxedes Mandu Okutoyi brought in. Dr Okutoyi put Jacob to sleep in what would change the young man’s life forever.

After the procedure and when Jacob’s head was being undraped, the anesthetist, Dr Okutoyi, shouted that the patient’s lips were blue. This meant that Jacob was close to dying.

On checking, he had no pulse. Cardiopulmonary resuscitation (CPR) was immediately done and Jacob’s heartbeat restored, before he was admitted to the intensive care unit.

Jacob, then 17 years old, had suffered hypoxic brain damage, a condition caused by interruption of oxygen to the brain. Once oxygen supply to the brain is cut, an individual loses consciousness after about 15 seconds. After four minutes, brain damage begins to occur.

For the next three months, Jacob was confined to Nairobi Hospital for treatment.

On Wednesday, High Court judge George Odunga ruled that The Nairobi Hospital and Dr Okutoyi pay Jacob Sh44.5 million for negligence that led to the brain damage.

The operating surgeon, Dr Chimmy Omamo Olende, was absolved of wrongdoing in the judgement that also awarded Sh1 million to each of Jacob’s parents. Justice Odunga held that the injuries were not a result of the surgical procedure, but failure on the part of anesthetist.

Jacob’s parents — Dr John Ondeko and Dr Margaret Ondeko — had in 2008 sued Dr Okutoyi, Dr Olende and Nairobi Hospital for negligence on behalf of their son.

Nairobi Hospital’s Standard Audit and Ethics Committee in 2005 placed blame on the anesthetist, for failing to monitor Jacob after administering anesthesia. The same decision was reached by the Kenya Medical Practitioners and Dentists Board, and now the High Court.

“Jacob is hereby awarded a total of Sh43,460,000 being damages for pain, suffering, loss of amenities, costs of the minder, future medical expenses and loss of learning capacity to be paid jointly and severally by Dr Okutoyi and Kenya Hospital Association (Nairobi Hospital), Sh1,071,080 being special damages to be paid jointly and severally by Dr Okutoyi and Kenya Hospital Association (Nairobi Hospital),” Justice Odunga ruled.


The awards started accumulating interest on January 30, 2019, and will continue to do so until Jacob and his parents have been paid in full.

When Jacob joined Form One at St Mary’s School from Nairobi Pentecostal Church Academy (now Citam School), Jacob’s excellence in just about everything was evident.

Aside from being one of the most prolific basketball players, he was also a great footballer, swimmer and sprinter.

Before long, the entire school knew Jacob and even baptised him “Bondex”.

At St Mary’s, there was a popular saying. “Maumivu yakizidi, tumia Bondex,” which translates to when symptoms persist, use Bondex. The line is corrupted from a series of pharmaceutical advertisements that advise people to seek medical attention if symptoms persist after using a particular drug.

One of his friends, Philip Moturi, told the Nation that they met in Form One (2002) and have continued their close friendship since.

“I remember when we made it to the nationals for the first time since 1997 and he was an integral part of the team. He wasn’t the tallest guy but he had freakishly long hands and great flight so he would play in the big man’s position. Towards the end of every game, we would call a time out then agree to burn the remaining time with individual skills,” Moturi reminisces.

But his brilliance did not stop in sports. In 2004, Jacob was named the best actor in St Mary’s after his display in a play about the school left many in awe. He was also a great guitarist and piano player.

“He would go to the music centre, pick a guitar and start playing. Students, mostly ladies, who were even two years ahead of us, would make music requests and he would play any of those songs off-head. He could do that with either the guitar or the piano. In Form Three, he definitely became the most popular kid in school,” Philip added.

One of Jacob’s oldest friends, Germany-based lawyer Ian Innocent Ogutu, still remembers the game against Highway vividly.

“I wasn’t able to see him for a while (after the botched surgery) but when I went to the hospital I almost collapsed next to his bed. The guy I was with from class one was lying there. I came back (to Kenya) in November last year, paid him a visit. We chatted, celebrated his birthday, ate ice cream…it was amazing,” Ian said in a phone interview.

His parents told the Nation that they would be willing to give a comment only after going through the 400-page judgment.



Sordid tale of the bank ‘that would bribe God’




Bank of Credit and Commerce International. August 1991. [File, Standard]

“This bank would bribe God.” These words of a former employee of the disgraced Bank of Credit and Commerce International (BCCI) sum up one of the most rotten global financial institutions.
BCCI pitched itself as a top bank for the Third World, but its spectacular collapse would reveal a web of transnational corruption and a playground for dictators, drug lords and terrorists.
It was one of the largest banks cutting across 69 countries and its aftermath would cause despair to innocent depositors, including Kenyans.
BCCI, which had $20 billion (Sh2.1 trillion in today’s exchange rate) assets globally, was revealed to have lost more than its entire capital.
The bank was founded in 1972 by the crafty Pakistani banker Agha Hasan Abedi.
He was loved in his homeland for his charitable acts but would go on to break every rule known to God and man.
In 1991, the Bank of England (BoE) froze its assets, citing large-scale fraud running for several years. This would see the bank cease operations in multiple countries. The Luxembourg-based BCCI was 77 per cent owned by the Gulf Emirate of Abu Dhabi.  
BoE investigations had unearthed laundering of drugs money, terrorism financing and the bank boasted of having high-profile customers such as Panama’s former strongman Manual Noriega as customers.
The Standard, quoting “highly placed” sources reported that Abu Dhabi ruler Sheikh Zayed Sultan would act as guarantor to protect the savings of Kenyan depositors.
The bank had five branches countrywide and panic had gripped depositors on the state of their money.
Central Bank of Kenya (CBK) would then move to appoint a manager to oversee the operations of the BCCI operations in Kenya.
It sent statements assuring depositors that their money was safe.
The Standard reported that the Sheikh would be approaching the Kenyan and other regional subsidiaries of the bank to urge them to maintain operations and assure them of his personal support.
It was said that contact between CBK and Abu Dhabi was “likely.”
This came as the British Ambassador to the UAE Graham Burton implored the gulf state to help compensate Britons, and the Indian government also took similar steps.
The collapse of BCCI was, however, not expect to badly hit the Kenyan banking system. This was during the sleazy 1990s when Kenya’s banking system was badly tested. It was the era of high graft and “political banks,” where the institutions fraudulently lent to firms belonging or connected to politicians, who were sometimes also shareholders.
And even though the impact was expected to be minimal, it was projected that a significant number of depositors would transfer funds from Asian and Arab banks to other local institutions.
“Confidence in Arab banking has taken a serious knock,” the “highly placed” source told The Standard.
BCCI didn’t go down without a fight. It accused the British government of a conspiracy to bring down the Pakistani-run bank.  The Sheikh was said to be furious and would later engage in a protracted legal battle with the British.
“It looks to us like a Western plot to eliminate a successful Muslim-run Third World Bank. We know that it often acted unethically. But that is no excuse for putting it out of business, especially as the Sultan of Abu Dhabi had agreed to a restructuring plan,” said a spokesperson for British Asians.
A CBK statement signed by then-Deputy Governor Wanjohi Murithi said it was keenly monitoring affairs of the mother bank and would go to lengths to protect Kenyan depositors.
“In this respect, the CBK has sought and obtained the assurance of the branch’s management that the interests of depositors are not put at risk by the difficulties facing the parent company and that the bank will meet any withdrawal instructions by depositors in the normal course of business,” said Mr Murithi.
CBK added that it had maintained surveillance of the local branch and was satisfied with its solvency and liquidity.
This was meant to stop Kenyans from making panic withdrawals.
For instance, armed policemen would be deployed at the bank’s Nairobi branch on Koinange Street after the bank had announced it would shut its Kenyan operations.
In Britain, thousands of businesses owned by British Asians were on the verge of financial ruin following the closure of BCCI.
Their firms held almost half of the 120,000 bank accounts registered with BCCI in Britain. 
The African Development Bank was also not spared from this mess, with the bulk of its funds deposited and BCCI and stood to lose every coin.
Criminal culture
In Britain, local authorities from Scotland to the Channel Islands are said to have lost over £100 million (Sh15.2 billion in today’s exchange rate).
The biggest puzzle remained how BCCI was allowed by BoE and other monetary regulation authorities globally to reach such levels of fraudulence.
This was despite the bank being under tight watch owing to the conviction of some of its executives on narcotics laundering charges in the US.
Coast politician, the late Shariff Nassir, would claim that five primary schools in Mombasa lost nearly Sh1 million and appealed to then Education Minister George Saitoti to help recover the savings. Then BoE Governor Robin Leigh-Pemberton condemned it as so deeply immersed in fraud that rescue or recovery – at least in Britain – was out of the question.
“The culture of the bank is criminal,” he said. The bank was revealed to have targeted the Third World and had created several “institutional devices” to promote its operations in developing countries.
These included the Third World Foundation for Social and Economic Studies, a British-registered charity.
“It allowed it to cultivate high-level contacts among international statesmen,” reported The Observer, a British newspaper.
BCCI also arranged an annual Third World lecture and a Third World prize endowment fund of about $10 million (Sh1 billion in today’s exchange rate).
Winners of the annual prize had included Nelson Mandela (1985), sir Bob Geldof (1986) and Archbishop Desmond Tutu (1989).
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Agricultural Development Corporation Chief Accountant Gerald Karuga on the Spot Over Fraud –




Gerald Karuga, the acting chief accountant at the Agricultural Development Corporation (ADC), is on the spot over fraud in land dealings.

ADC was established in 1965 through an Act of Parliament Cap 346 to facilitate the land transfer programme from European settlers to locals after Kenya gained independence.

Karuga is under fire for allegedly aiding a former powerful permanent secretary in the KANU era Benjamin Kipkulei to deprive ADC beneficiaries of their land in Naivasha.

Kahawa Tungu understands that the aggrieved parties continue to protest the injustice and are now asking the Ethics and Anti-corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) to probe Karuga.

A source who spoke to Weekly Citizen publication revealed that Managing Director Mohammed Dulle is also involved in the mess at ADC.

Read: Ministry of Agriculture Apologizes After Sending Out Tweets Portraying the President in bad light

Dulle is accused of sidelining a section of staffers in the parastatal.

The sources at ADC intimated that Karuga has been placed strategically at ADC to safeguard interests of many people who acquired the corporations’ land as “donations” from former President Daniel Arap Moi.

Despite working at ADC for many years Karuga has never been transferred, a trend that has raised eyebrows.

“Karuga has worked here for more than 30 years and unlike other senior officers in other parastatals who are transferred after promotion or moved to different ministries, for him, he has stuck here for all these years and we highly suspect that he is aiding people who were dished out with big chunks of land belonging to the corporation in different parts of the country,” said the source.

In the case of Karuga safeguarding Kipkulei’s interests, workers at the parastatals and the victims who claim to have lost their land in Naivasha revealed that during the Moi regime some senior officials used dubious means to register people as beneficiaries of land without their knowledge and later on colluded with rogue land officials at the Ministry of Lands to acquire title deeds in their names instead of those of the benefactors.

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“We have information that Karuga has benefitted much from Kipkulei through helping him and this can be proved by the fact that since the matter of the Naivasha land began, he has been seen changing and buying high-end vehicles that many people of his rank in government can’t afford to buy or maintain,” the source added.

“He is even building a big apartment for rent in Ruiru town.”

The wealthy officer is valued at over Sh1.5 billion in prime properties and real estate.

Last month, more than 100 squatters caused scenes in Naivasha after raiding a private firm owned by Kipkulei.

The squatters, who claimed to have lived on the land for more than 40 years, were protesting take over of the land by a private developer who had allegedly bought the land from the former PS.

They pulled down a three-kilometre fence that the private developed had erected.

The squatters claimed that the former PS had not informed them that he had sold the land and that the developer was spraying harmful chemicals on the grass affecting their livestock and homes built on a section of the land.

Read Also: DP Ruto Wants NCPB And Other Agricultural Bodies Merged For Efficiency

Naivasha Deputy County Commissioner Kisilu Mutua later issued a statement warning the squatters against encroaching on Kipkuleir’s land.

“They are illegally invading private land. We shall not allow the rule of the jungle to take root,” warned Mutua.

Meanwhile, a parliamentary committee recently demanded to know identities of 10 faceless people who grabbed 30,350 acres of land belonging to the parastatal, exposing the rot at the corporation.

ADC Chairman Nick Salat, who doubles up as the KANU party Secretary-General, denied knowledge of the individuals and has asked DCI to probe the matter.

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William Ruto eyes Raila Odinga Nyanza backyard




Deputy President William Ruto will next month take his ‘hustler nation’ campaigns to his main rival, ODM leader Raila Odinga’s Nyanza backyard, in an escalation of the 2022 General Election competition.

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