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Harmed by a doctor or hospital's negligence: what the law lets you do

Medical Practitioners and Dentists Act; Limitation of Actions Act · sources read 4 Oct 2026

If a doctor, dentist or hospital harmed you through negligence, you can sue them in court for compensation within 3 years. You can also complain to KMPDC, which can discipline them but cannot order them to pay you.

Deadline
3 years from the date of the harm to file a negligence case in court.
Deadline
30 days from a KMPDC decision to appeal to the High Court.
Where
KMPDC (legal@kmpdc.go.ke, or 2nd Floor Legal Department, Woodlands Rd, Hurlingham, Nairobi) for discipline; the courts (efiling.court.go.ke or a court registry) for compensation; NLAS for free legal aid
Go to the official site

Steps

  1. To have the doctor or hospital disciplined, send a written complaint on KMPDC's complaint form by post, by hand to its Hurlingham office, or by email to legal@kmpdc.go.ke.
  2. If KMPDC finds them guilty, it can caution them, order retraining or probation, suspend or cancel a licence for up to 12 months, remove a doctor from the register, and fine them.
  3. If you disagree with KMPDC's decision, you can appeal to the High Court within 30 days of the decision.
  4. For compensation, file a civil case in court against the doctor or hospital. You can do this at the same time as the KMPDC complaint.
  5. If you can't afford a lawyer, apply for free legal aid from the National Legal Aid Service (NLAS), online or at any NLAS office.

Watch out

  • KMPDC's committees cannot order a doctor or hospital to pay you damages. Only a court case can get you compensation.
  • Nurses, clinical officers and pharmacists are not registered by KMPDC, so complaints about them go to their own regulators.
  • After 3 years, an injury case can go ahead only with the court's permission, where key facts were outside your knowledge until later.

Who this covers

  • Anyone unhappy with a professional service from a registered or licensed doctor, dentist or health institution, or who says they broke the standards, can complain to KMPDC.
  • Anyone harmed by negligence (a tort) can sue for damages in court.
Official sources (4)
  1. Medical Practitioners and Dentists Act (Cap. 253) new.kenyalaw.org · read 4 Oct 2026
  2. Lodging a complaint | Disciplinary matters kmpdc.go.ke · read 3 Oct 2026
  3. Limitation of Actions Act, No. 21 of 1968 (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
  4. Legal Aid nlas.go.ke · read 3 Oct 2026

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