Nakuru Environmental and Laws Court has barred the Nakuru County Government from forcefully taking over the management of Memorial War Hospital.
The hospital, led by its director, Simon Mwangi, moved to court to stop the hostile takeover, arguing that the lives of critical patients were at risk.
In light of the hospital’s argument, the court placed an injunction on the takeover until the case is heard and determined.
“Aplicant granted leave to initiate Judicial Review proceedings for an Order of Certiorari to call for and quash the decision of the first respondent (Memorial Hospital) herein vide Kenya Gazette Notice No. 6309 of 19 May 2023 in respect of cancellation of a certificate of lease of at that parcel of land known as Nakuru Municipality Block 11/107 duly registered under the name of Nakuru War Memorial Limited,” read the ruling obtained by Kenyans.co.ke in part.
Nakuru Law Courts building opened by former Chief Justice David Maraga on December 4, 2020
Photo/Nakuru County Government
The court further prohibited respondents, who are the Attorney General and the Land Registrar of Nakuru County, from investigating, cancelling, revoking or reviewing the certificate of a lease for the parcel.
War Memorial Hospital was also directed to file a substantive application within 21 days.
On Friday, the county government stormed the facility and forced the hospital to shut down after 101 years of operation.
Samwel Mwaura, the County Secretary, stated that he oversaw the transfer of 18 patients who were undergoing treatment after his officers reclaimed the facility.
He further revealed that some of the patients were discharged, and the fees they owed were waived.
“We transferred some of the patients to Rift Valley Provincial General Hospital Annex, which takes over the management of War Memorial Hospital,” he explained.
“Some of the patients were taken from general wards to high-dependency units. We did not want to take any chances with patients,” Mwaura told the press.
The county further alleged that the hospital’s management forged lease documents in a bid to extend their stay at the contested land.
A collage of the Nakuru War Memorial Hospital facility
Nakuru War Memorial hospital