Teacher Awarded Sh5.1 million after a Nairobi hospital left surgical forceps in abdomen for five years

A Kisumu comprehensive school and pre-technical studies teacher Newton Nobert Gogo has been awarded Sh5.1 million in compensation after a Nairobi hospital was found liable for medical negligence that left a pair of surgical forceps inside his abdomen for nearly five years.

Nobert Gogo was 20 years old when the incident occurred was still a student at Alliance High school sustained abdominal injury from broken glass was rushed to Nairobi Women’s Hospital for emergency surgery.

But soon after, Gogo began experiencing persistent and unexplained abdominal pain.

Multiple medical consultations failed to identify the cause until later investigations revealed that surgeons had accidentally left a pair of artery forceps inside his body during the 2016 operation.

Artery forceps are used to clamp blood vessels during surgery are designed to lock tightly, and in Gogo’s case, the retained instrument caused excruciating pain for almost five years.

Evidence presented in court by retired radiographer Pascal Tanau Acholi from Kisumu County Hospital confirmed the presence of the metal object through two ultrasound scans and an X-ray.

Following the discovery, Nairobi Women’s Hospital requested a second evaluation at Kenyatta National Hospital. Gogo later underwent corrective surgery at Kisumu County Hospital, where the instrument was finally removed.

The operation left him with a visible midline laparotomy scar that he described as an “unsightly disfigurement.” Gogo says he’s always on a special diet.

He filed a lawsuit against Nairobi Women’s Hospital seeking general damages for pain and suffering, special damages for extra medical costs, and aggravated damages for emotional and educational disruption.

His legal team argued that the hospital had breached its duty of care through incompetence and negligence, forcing him to endure prolonged pain and delayed academic progress.

Milimani Commercial Magistrate Ruguru Ngotho ruled that Nairobi Women’s Hospital failed to exercise the professional skill expected of medical practitioners, thereby breaching its duty of care.

The court awarded Gogo a total of Sh5,131,000, comprising Sh4 million in general damages, Sh1 million in aggravated damages, and Sh131,000 in special damages.

Interest and court costs will accrue from October 3, 2025, until the full payment is made.