Omnicare Medical, which operates the Body By Design cosmetic clinic, has moved to court to challenge the decision by the Kenya Medical Practitioners and Dentists Council (KMPDC) to close the facility pending investigations.
They want the court to order KMPDC to stop disrupting or obstructing the daily operations of the facility.
The clinic has further distanced itself from the allegation that they performed the cosmetic surgery unprocedurally thereby causing the death of Lucy Wambui Kamau.
According to the facility, the social media allegations against it are fabricated, unsubstantiated, scandalous and baseless.
“There has been an increasing harassment from social media users who have the intention to unjustifiably cause or otherwise curtail the daily operations of the applicant and subsequently deny a source of livelihood to the employees of the facilty,” reads court papers.
Through lawyer Danstan Omari, the facility further argues that it has qualified doctors, medical officers and nurses specializing in cosmetic medical procedures and closes business daily at 4pm.
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They argue that there is apprehension that the death of the patient might be attributed to the facility even though there is no official postmortem results that have been shared with the applicant.
In a petition filed under a certificate of urgency, the facility argues that KMPDC acted in breach of the Constitution, irrationally and unreasonably when it ordered the closure of the clinic.
“Unless this Honorable Court moves with celerity and arrests the imminent illegalities and injustices by the Respondents, the Applicant shall suffer irreparable harm,” adds court documents.
Lawyer Omari wants the court to give the facility an opportunity to remain in operation legally as no explanation nor written notice has been offered for the closure.
“The calculated scheme by the 1st Respondent of seeking the said information is in a bid to exacerbate the Applicant’s ongoing fights with the so-called social media influencers,” says Omari.
KMPDC ordered the immediate closure of Omnicare Medical due to serious health and safety violations under CAP 253 of the Medical Practitioners and Dentists Act.
The closure notice, issued on October 31, 2024, came in response to allegations of failed cosmetic procedures that allegedly led to fatalities, triggering public outcry.
Amid rising concerns expressed on social media, former Nairobi Governor Mike Sonko, along with worried residents, stormed the clinic’s Nairobi offices on Thursday, demanding answers after multiple reports indicated that botched surgeries may have resulted in deaths, including that of Lucy Wambui.
