A United Kingdom national has lodged allegations of medical negligence and unlicensed practice against a local clinic and practitioner before the Kenya Medical Practitioners and Dentists Council (KMPDC).
Charles Simmons claims Timmeh Ibrahim, a nurse and co-director of Musa Medical Centre situated in Kwale County has been masquerading as a registered nurse since 2020.
In the case where Charles Simmons and Pawel Huk have been sued, they accuse the nurse of providing improper care and misrepresenting her qualifications.
They want the court to defer the proceedings to pave way for KMPDC to complete their investigations.
They argue that this tribunal is the appropriate avenue for addressing issues of medical licensing and malpractice.
“We have followed due process,” read the court documents.
Simmons, who had been receiving treatment for a leg wound, alleges that the nurse, along with her clinic, “fell far short of the required standards of adequate healthcare.”
According to Simmon’s lawyer Elkana Mogaka, he initially visited the clinic in January 2024, hoping to have his wound treated and prepared for a skin graft procedure.
However, he claims that poor care and inadequate cleaning led the wound to become infected, causing severe pain and hampering his mobility.
“My leg was supposed to be ready for a skin graft, or so I was told,” stated Simmons.
“But when I went to a licensed hospital, their medical practitioners were horrified by the state of my wound. The wound was not ready for any kind of procedure, and the negligence was apparent.”
According to the letter presented in court from the Nursing Council of Kenya, it allegedly confirms that Timmeh Ibrahim does not hold a valid practicing certificate.
The affidavit also includes reports from KMPDC, which Mogaka claims indicate that the clinic itself has not been certified since 2020.
“A search at the Council’s registry revealed that the applicant does not hold a practicing certificate with the Nursing Council and has never taken one,” read the court documents.
“This revelation meant that the applicant all through the treatment of the 1st respondent has been operating without a license and without compliance with the regulatory requirements of the Nursing Council which is an illegality.”
Mogaka argues that the clinic “has for over four years been operating in breach of medical regulations.”
He added that this alleged negligence led to medical expenses totaling more than Sh600,000.
Simmons and Pawel have also categorically denied accusations from the clinic that they threatened to use personal influence and resources to damage the clinic’s reputation.
“We didn’t need to defame anyone. This is a matter of public health,” said Mogaka.
“The nurse was treating patients without a license. This isn’t just illegal—it’s dangerous.”
In their suit filed before a Magistrate’s court at Musambweni, Musa medical center accuses Simmons and Pawel of defamation and unpaid medical bills totaling to Sh326, 573.
According to the clinic , the duo received treatment between January and March 2024, with Simmons incurring a bill of sh 305,773.
Pawel , who allegedly paid part of the bills, is reported to have an outstanding balance of sh 20,800.
The clinic claims that when asked for payment, pawel responded with a public outburst on March 25, 2024.
In a scene witnessed by staff, patients, and passers-by, Pawel is alleged to have stormed into the clinic, loudly accusing the nurse and clinic staff of theft and dishonesty.
Pawel is alleged to have shouted inflammatory statements like “Thieves! This clinic is full of thieves!” and “I will make sure you never practice anywhere again.”
Staff and patients present during the incident reportedly took cover, locking themselves in rooms as his behavior continued for over an hour.
Musa Medical alleges that Pawel’s shouting, banging on walls, and threats to break doors created such a disturbance that clinic operations had to be halted for the day.
Pawel’s behavior reportedly drew a crowd and prompted the clinic staff to seek police intervention at Diani Police Station, where he was later charged.
They are now seeking payment of the outstanding medical fees and compensation for defamation, reputational damage, and emotional distress among staff and patients.
The clinic also claims that the duo have since lodged complaints with local authorities, allegedly aimed at damaging it’s reputation and operations.
According to Musa Medical, these continued accusations have impacted the clinic’s goodwill and caused financial strain.
“That the Defendants are making good their threats and intentions of closing down the clinic by using their resources to frustrate and level baseless and unjustifiable accusations against the plaintiff to the relevant authorities and even gaining access to the plaintiff’s personal information without her consent and authority which is a clear violation of her right to privacy and data rights protection,” read the court documents.
