The Law Society of Kenya is looking to collect evidence on the violation of Human Rights following the scuffle between the Nakuru War Memorial Hospital and Nakuru County government that has seen tens of patients denied services at the private hospital.

At least 19 patients admitted at the Nakuru War Memorial Hospital have been transferred to other facilities or discharged, after officials from the Nakuru county government allegedly broke into the facility on Tuesday at 3.00 am, chasing the nurses away and moving the admitted patients to the Nakuru Annex Hospital, the private wing of the Nakuru Referral and Teaching Hospital.

Vanessa, a nurse at the facility recounted the ugly scenes that were witnessed during the early morning incident.

“They broke the gate at 2.46 am, and some staff were beaten, and forced to leave the facility but we begged the officers to remain till dawn so that we could leave. They left at 6:00 am and that is why I am the only staff remaining at the facility. The officers also vandalized the CCTV camera”

A stand-off ensued at the hospital gate after Nakuru Law Court Deputy Registrar Prisca Nyota was denied entry into the facility despite having a court order, requiring her to inspect the alleged forceful takeover by the Nakuru County Government, following a request by lawyers. The magistrate was later given access to the facility after waiting for over 30 minutes.

A spot check by NTV revealed a deserted hospital with few nurses helping a few patients being discharged and others tending to one patient who was still admitted to the ICU and waiting to be transferred to a different facility.

Some of the CCTV cameras were pulled down, and others turned in the opposite direction.

Lawrence Karanja, the lawyer representing the hospital, indicated that they will sue the county of contempt since in October 30th 2023, Justice Millicent Odeny of the Nakuru Law Courts barred the county from interfering with the running of the hospital.

“If the county government trusts in the Judicial office, then why did they take the directors to be charged or instigate the directors to be charged in the court of law and it is the same court that is issuing orders and they are blatantly disobeying and the same same time they want justice, it is a total contradiction,” he said.

Law Society of Kenya Nakuru Branch President Ashton Muchela condemned the incidents terming it as breach of constitutional rights of Kenyans seeking services at the private facility.

“We are collecting evidence on possible violations on human rights because the right to health care is a constitutional right and should not be violated by anyone, not by county not the hospital management” he stated.

The alleged invasion came hours before the Management of the hospital and Nakuru County Government were required to appear in court for the hearing of a case filed in October 2023, after the county took over the running of the hospital over alleged forgery of lease documents that extended the ownership of the hospital for another 50 years.
On Monday January 22nd, five people among them War Memorial Hospital directors Simon Watene and Roger Joslyn, a land surveyor Kipkemboi Kigen, and two Ministry of Lands officials Peter Nzuki Mutwiwa and Stephen Kihengo Mwaura pleaded not guilty to 12 counts related to fraudulently renewing the lease of the 25-acre property hosting the facility. Appearing before Chief Magistrate Elizabeth Juma, the two directors of the facility and the Land Surveyor were released on 2 Million shillings bond or cash bail of 1 Million shillings with the other accused persons released on Sh 500,000 bond or cash bail or alternative cash bail of Sh 300,000.