LODGING A COMPLAINT | DISCIPLINARY MATTERS

Article 43 of the Constitution of Kenya (2010) provides that every person has the right to the highest attainable standard of health, which
includes right to health care services, including reproductive health care.

Further, the National Patient’s Right Charter holds that all people have the right to good health and quality healthcare, which includes:

• Right to access health care
• Right to receive emergency treatment in any health facility
• Right to be informed of all the provisions of one’s Medical Scheme/Health Insurance Policy
• Right to choose a health care provider
• Right to the highest attainable quality of health care products and services
• Right to refuse treatment
• Right to confidentiality
• Right to informed consent to treatment
• Right to information concerning one’s health and health care
• Right to be treated with respect and dignity
• Right to a second medical opinion
• Right to complain about healthcare, to have your complaint investigated and to receive a full response thereafter.
• Right to insurance coverage without discrimination
• Right to donate his or her organs and/or any other arrangements/ wishes upon ones demise

• Delayed diagnosis
• Dental malpractice
• Failing to submit medical report
• Failure to treat
• Medical malpractice
• Misdiagnosis
• Mismanagement
• Overcharging
• Patient abandonment
• Referral/Transfer without proper instruction
• Surgical error
• Undertaking a procedure without informed consent
• Unprofessional/Unethical Conduct
• Wrong treatment/Wrong medication
• Other (Please specify)

• One can lodge a complaint against the following:
  • Medical Practitioners
  • Dental Practitioners
  • Health Institutions

  NOTE: Pharmacists, nurses, clinical officers are not registered by the Council.

  To enable the Council begin investigations into the complaint one
  must fill in the Application for Lodging a Complaint Form and follow the
  instructions therein. This can be picked from the Council offices or
  downloaded from the Council website through the following link: Application for Lodging Complaint.
  All complaints are to be submitted in writing, addressing the Chief Executive Officer of the Council, either via:

  1. General Mail:
     Medical Practitioners and Dentists Council
     P.O. Box 44839 – 00100
     NAIROBI

  2. Hand Delivery:
  2nd Floor Legal Department
  Medical Practitioners and Dentists Council
  Woodlands Rd, Off Lenana Road
  Hurlingham, Nairobi

  Please note that investigation of a complaint can be a lengthy process. However, the Legal department at the Council shall do everything, within
  the law, to ensure that your matter is determined at the shortest time
  possible.

  • Complaint Received by the Council complete with supporting documents
  • The complaint is forwarded to the practitioner and/or institution
    (within five (5) working days) to respond to the allegations in the
    complaint
  • The complaint and the response of the respondent is tabled before
    the Disciplinary & Ethics Committee for discussion in their next
    scheduled meeting;
  • The decision of the Preliminary Inquiry Committee shall be communicated to you in writing within thirty (30) days

  NB: At Inquiry, documentary evidence is
  sufficient for the committee to make a decision. However, if it deems it
  necessary, the Committee may also call for oral evidence.

  Neither the Preliminary Inquiry Committee nor Professional conduct
  Committee can order a health care practitioner or institution to pay
  damages to the person(s) lodging a complaint. However, members of the
  public who lodge a complaint through the Council may also independently
  and concurrently pursue their matters through civil litigation.