Govt Agency Demanded To Explain How X User Got & Leaked Private Details Of Dr Mbiti Mwondi
Earlier, it announced that it launched investigations into Mbiti's remarks after allegations of malpractice were raised in an uproar from members of the public
admin
The Kenya Medical Practitioners and Dentists Council (KMPDC) has been given 24 hours to explain how a letter issued to Dr Dennis Mbiti, also known as ‘Mbiti Mwondi MD’ in response to a controversial X post he posted found its way to a user who shared it on the platform on Tuesday, March 5.
KMPDC is a body corporate established under the Medical Practitioners and Dentists Act, Cap. 253 Laws of Kenya with a mandate to regulate the training, practice and licensing of medicine and dentistry and all health institutions.
Earlier, it announced that it launched investigations into Mbiti's remarks after allegations of malpractice were raised in an uproar from members of the public who accused the doctor of violating patient confidentiality and potentially breaching ethical guidelines.
Mbiti had posted photos of newly born twins; a boy and a girl whom he delivered via C-Section, on social media platform X, further claiming that he delivered the boy first intending to confer him the elderly status.
Surgeons during a surgical operation. /DR EZEKIEL OBURU.COM
"A few minutes ago at 2:00 am in theatre via CS, I just extracted the most beautiful twins I have ever seen; a boy and a girl. I intentionally extracted the baby boy first so that he'd be called the elder one of the two. Boy child for boy child," Mbiti wrote.
In a letter addressed to Mbiti, the Council stated that it had received an anonymous tip on Monday, March 4, in which the writer accused Mbiti of breaching his patient’s confidentiality, a move that prompted the investigation.
According to the complaint, attempts to persuade the doctor to remove the post were reportedly met with disregard.
“Consequently, in line with the mandate of regulating the practices of medicine, dentistry and health facilities and to facilitate a comprehensive investigation into the allegations, you are required to submit a comprehensive statement in response to the allegations raised by the general public and any other relevant document(s) or information that will assist the investigations by the close of business of Friday, March 8," directed the council chaired by its Chief Executive Officer David Kariuki.
However, netizens poked holes into the letter, especially since it did not come directly from KMPDC but through X user Asamoh, who first leaked the letter on the platform containing Dr Mbiti's personal information, including his name, practice registration number, personal mobile number and personal email address.
Dr Benard Karanja, who came to Mbiti's aid, accused KMPDC of violating Article 31 of the Constitution on the matter of privacy, stating that "The Constitution of Kenya, 2010 has provided great safeguards on the rights of individual persons, even where they still remain subject to entities such as the Council."
On the right to privacy, Article 31 of the Constitution provides that "Every person has the right to privacy which includes the right not to have the information relating to their family or private affairs unnecessarily required or revealed.”
"We would also like to bring to your attention that you are in violation of the provisions of Section 25 (1) (a) of the Data Protection Act, 2019 which provides as follows; "Every data controller or data processor shall ensure that personal data is processed in accordance with the right to privacy of the data subject.”
"These are the same principles under which you have initiated investigations against Dr Mbiti, the very same principles you have trampled on in sharing the letter revealing his personal information," the demand letter by Dr Karanja's lawyers seen by Viral Tea read in part.
Dr Karanja has demanded KMPDC to explain in detail how the letter was revealed to the public, how Asamoh obtained the said letter and demanded that the council recall the letter and redact the personal details of Dr Mbiti.
"Take notice that failure to provide this explanation within the next Twenty-Four (24) hours of receipt of this letter, we have instructions to institute proceedings against you before the Office of the Data Protection Commissioner under the Data Protection Act, 2019 without any further reference to you at your own peril as to costs and attendant legal consequences," added the letter.
Mbiti has since claimed that the statement was made ‘jokingly’ but his post attracted reactions from netizens worldwide, including an Ireland-based doctor, Yusuf Mahat who called him out for his apparent recklessness.
Outside Kenya Medical Practitioners and Dentists Council (KMPDC) offices. /CAPITAL GROUP
"You can't possibly choose who to extract first. You always start with the presenting twin. Reaching out to extract a boy who might be far away can cause serious maternal-fetal harm. Let's be cautious and maintain the dignity of our profession. Especially now that there's turmoil! Choosing who to extract first is not a MEDICAL decision. Sad!" wrote Mahat.
Legally, if one wants to post someone’s child, then they should have a signed (or video) consent from the parent(s) of the child. However, in Mbiti’s case, it is yet to be known if there was any proof of consent from the mother as he claimed.
Additionally, when delivering twins, the presenting child is to be extracted first and so is any delivery that involves multiple fetuses. If investigations prove that he did extract the boy first to grant him the elderly status, the practising medic based in Bungoma County could have a case to answer.
![Chopper Deployed To Rescue Tourists Trapped By Floods In 14 Hotels [VIDEO]](https://viraltea.co.ke/uploads/images/202405/image_140x98_66323ad9dc0f5.jpg){kind=small}
