The High Court of Uganda’s Civil Division has mandated Mulago National Referral Hospital to compensate Fatumah Nakayima with Shs.50 million for the disappearance of her baby. Judge Philip Odoki has ruled, stipulating a 15% per annum interest from the date of the judgment until the full payment is made.This verdict follows a seven-year legal battle initiated 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 baby, whether dead or alive.According to the court, Nakayima, experiencing labor pains, was initially admitted to Ward 5C at Mulago Hospital. Following a transfer to the theatre for an emergency caesarian section, an anesthetist named Okwel administered full anesthesia, causing her to lose consciousness during the operation.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 weighing 3.5 kgs, who had lived briefly and died.
Despite being transferred to the High Dependency Unit (HDU) from Ward 5C, her request for her baby yielded no results as a female worker reported that the baby’s body could not be found.On December 28, Nakayima and her mother reported the matter to Mulago Police Station, which accompanied them to the hospital mortuary. However, the mortuary attendant failed to provide the body, and there was no record of the baby’s entry into the mortuary.
Court proceedings included testimony from Kyokuwaire Teddy, an enrolled midwife, and Dr. Barageine Justus Kafunjo, an obstetrician, gynecologist, and fistula surgeon, both from Mulago Hospital. They asserted that Nakayima was awake throughout the operation, her uterus was ruptured, and the baby was already deceased.
Although Nakayima and her sister were informed of the tragic death and shown the body, it remains unclear whether they received it. The court’s final directive is for Mulago Hospital to compensate Nakayima with Shs.50 million for the mysterious disappearance of her baby.
