JUDGMENT OF THE COURT
In the judgment from which this appeal arises, Waweru, J. described the case before him, though founded on medical negligence, as unique in our jurisdiction. The short background to the case is that on or about 4th July 2011, the respondent, AAA, having determined with her husband that two children (boys) were adequate for them, sought from the appellant, AKHS t/a AKUH advice on an appropriate contraception that would prevent further conception. The respondent advised and recommended insertion of an implant known as implanon, which it assured the respondent would prevent conception for a period of three years from the date of implantation.
Acting on the appellant’s advice, the respondent agreed to the procedure and on the same day, under local anesthesia, she was surgically implanted with animplanonrod in the inner part of her left upper arm, or so she believed. The appellant then assured her that she was free to engage in sexual intercourse with her husband withou…