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DAVID MORTON SILVERSTEIN
V.
ATSANGO CHESONI

(2002) JELR 104032 (CA)

Court of Appeal 1 Mar 2002 Kenya
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Case Details

Suit Number:Civil Application Nai 189 of 2001
Judges:Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu
Location:Nairobi
Other Citations:David Morton Silverstein v. Atsango Chesoni [2002] eKLR

RULING OF THE COURT

Dr David Morton Silverstein, hereinafter "the applicant", is a registered medical practitioner in Kenya. That being so, he is subject to the disciplinary jurisdiction of the Kenya Medical Practitioners and Dentists Board, "the Board" hereinafter, created under the provisions of Section 4 of the Medical Practitioners and Dentists Act, Chapter 253 of the Laws of Kenya . The disciplinary powers of the Board are to be found in Section 20 of the Act .

The late Chief Justice Z.R. Chesoni used to be a patient of the applicant and during the last ailment which took his life, the applicant attended to him. The family of Chief Justice Chesoni was not happy with the manner in which the applicant had managed their relative. So Atsango Chesoni, the respondent herein, made a complaint to the Board, obviously on behalf of the family. The respondent is the daughter of the late Chief Justice Chesoni. Her complaints to the Board against the applicant were:

"1.We believe that the medica…

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