The Plaintiff in this case brought a suit against the defendant, the Board of Trustees for the Family Planning Association of Kenya (FPAK), seeking damages for negligence arising from a tubal ligation procedure performed on her by the defendant’s agents. Prior to the tubal ligation procedure, the Plaintiff was subjected to a pregnancy test using a urine sample to exclude pregnancy. The results were negative. The FPAK staff proceeded with the procedure.

Approximately 9.5 to 10 months following the procedure, the Plaintiff gave birth to a child. This was the basis of the Plaintiff’s allegation that the pregnancy resulted from negligence by the FPAK staff in performing the tubal ligation procedure, and her claim for damages. The Defendant denied her claim.

The petitioner asked the Court 1) Whether the Defendant owed a duty of care to the Plaintiff; 2) Whether the Defendant, through its servants or agents, was negligent in carrying out the procedure on the Plaintiff; and 3) Whether the Plaintiff has suffered injury as a result of the negligence of the Defendant and its staff.