Nakuru War Memorial Hospital Row: Here Is What Is Happening
For the past four months, there has been a legal dispute between the Nakuru County government and the proprietors of the private War Memorial Hospital over a 25-acre plot of land in Nakuru. This conflict has resulted in the hospital’s operations coming to a standstill.
On Friday, Chief Justice Martha Koome expressed concern over the Nakuru County Government and the police’s non-compliance with six court orders aimed at reinstating hospital operations. Additionally, two judges have stepped back from handling the case.
On Saturday morning, the gate of the War Memorial Hospital stayed secured, causing a temporary disruption in regular operations, as police officers maintained a 24-hour presence.
Chief Justice Martha Koome, the Chairperson of the Judicial Service Commission on Friday evening stated, “The JSC is disturbed by the events in Nakuru County where assailants have occupied the Nakuru War Memorial Hospital, defying court orders.”
A collective of six court directives issued on various dates—October 31, 2023; November 2, 2023; January 23, 2024; January 25, 2024; and January 30, 2024—have been disobeyed.
On October 27, 2023, the Nakuru County Government seized control of the hospital, alleging that the documents proving ownership were fraudulent and used to obtain a 99-year lease title. This initiated a protracted legal dispute that continues to this day.
The hospital management, represented by their legal team, requested the involvement of the Environment and Land Court in Nakuru, presided over by Justice Millicent Odeny.
On October 31, 2023, Justice Millicent Odeny issued a prohibition against the respondents, preventing them from engaging in any activities, such as investigating, canceling, or revoking the lease of the specified parcel of land.
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The order was defied and the hospital management would return to the courts where Justice Odeny issued fresh orders, looping in the Nakuru East sub-county commander to “assist in enforcing the orders and allow access to Nakuru War Memorial hospital.”
The directives were implemented, and the employees returned to work. However, this was short-lived, as once again, on January 22nd, 2024, the Nakuru county government forcibly assumed control of the hospital’s management.
On 23rd January 2024 Judge Millicent Odeny gave fresh orders for a third time and ordered the Nakuru County Police Commander Samuel Ndanyi to “assist in restoring the hospital to the management of Nakuru War Memorial Hospital.”
The directive was not implemented, similar to what occurred on January 25th and 30th. Justice Millicent Odeny withdrew from the case, transferring it to Justice Anthony Ombwayo.
On the 1st of February, Samuel Ndanyi, the Nakuru Police Commander, visited the hospital to ensure a smooth transition of control to the War Memorial Hospital staff. Unfortunately, the plan was disrupted as troublemakers seized control and interfered with the handover process.
On February 6, 2024, Justice Ombwayo mandated the Nakuru County Commander to promptly visit the hospital within the next 24 hours and expel the armed group.
Justice Ombwayo eventually withdrew from the case, citing frustration as the reason for his recusal.
The case was transferred to Nairobi and later Nyahururu.
Nakuru War Memorial Hospital Row: Here Is What Is Happening