Nakuru War Memorial Hospital row: Here is what is happening

Chief Justice Martha Koome on Friday took issue with the Nakuru County Government and the police for failing to obey and implement six court orders that would see operations at the hospital resume. Two judges have recused themselves from the case.

On Saturday morning the War Memorial Hospital gate remained locked with normal operations being disrupted for a while as police officers remained on guard 24 hours.

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 total of 6 court orders issued on October 31st 2023, November 2nd 2023, January 23rd 2024, January 25th 2024 and January 30th 2024 have been defied.

On October 27, 2023, the Nakuru County Government forcibly took over the management of the hospital saying ownership documents were forged to acquire a 99 year lease title. What would follow was an unending court battle that is still very much alive.

The war memorial hospital management through their lawyers sought the intervention of the Environment and Land Court in Nakuru before justice Millicent Odeny.

On the 31st of October 2023 Justice Millicent Odeny prohibited the respondents from dealing in any manner whatsoever, investigating, cancelling or revoking the lease of the said parcel of land.

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 orders were enforced and the staff resumed duty but that was short lived as the county government of Nakuru for a second time forcibly took over the management of the hospital on January 22nd 2024.

On 23rd January 2024 Judge Millicent Odeny gave fresh orders for a third time and ordered the Nakuru County Police Commander Samuel Ndanyi “assist in restoring the hospital to the management of Nakuru War Memorial Hospital.”

The order was not enforced, as was the case on 25th and 30th January. Justice Milllicent Odeny recused herself from the case ,handing it to Justice Anthony Ombwayo.

On 1st February, Nakuru Police Commander Samuel Ndanyi appeared at the hospital and made sure the facility was handed over to the War Memorial Hospital staff but goons took over and scuttled the plan.

On 6th February 2024 Justice Ombwayo ordered the Nakuru County Commander to visit the hospital within 24 hours and remove the armed group.

Justice Ombwayo would later recuse himself from the case citing frustration. 

The case was transferred to Nairobi and later Nyahururu.