Josephine’s Story

In 2014, the Center for Reproductive Rights filed Josephine Oundo Ongwen v. the Attorney General and 4 Others on behalf of Josephine Majani, a Kenyan woman who was denied care and abused by hospital staff during her labor and delivery.

In August 2013, Josephine Majani, a woman from a low-income background, was admitted to the Bungoma County hospital for an induced labor. Despite a national directive instructing all public health care facilities to offer free maternity health care services as of June 1, 2013, Josephine had to purchase the medicine necessary to induce her labor. After taking the medicine, she was not physically checked or monitored by any of the nurses and was informed that if she needed medical attention, she would have to walk from the labor ward to the delivery room herself.

Josephine walked unaided to the delivery room where she discovered that all the beds were occupied. While attempting to return to her bed in the labor room, she collapsed and gave birth on the floor. On finding her there unconscious, two nurses repeatedly slapped and verbally abused Josephine in anger because she had dirtied the floor when she delivered her baby.  Once conscious, she was ordered to walk to the delivery room, still unaided, to be examined. She was released with her baby the following day, and suffered severe emotional trauma as a consequence of her treatment. Josephine’s treatment at the hands of staff at the Bungoma County Hospital received widespread media coverage in part because evidence of the abuse was caught on camera by another patient.

In 2018, the High Court of Bungoma found that Bungoma County Hospital, the Bungoma County government, and the Cabinet Secretary of Health had violated Josephine’s rights when she was denied quality maternal health care and abused by hospital staff. It also found that the national and county governments had failed to implement and monitor the standards of free maternal health care and services, which resulted in Josephine’s mistreatment, and awarded her KES 2,500,000 in damages for the harm she suffered. Josephine has yet to receive those reparations.

“I was neglected, abused, and shamed during my time at Bungoma District Hospital,” said Josephine. “I’m hopeful that the court’s judgment will force the government to do the right thing and ensure that all women can get the maternal health care they need with respect and dignity.”