The High Court of Kenya has ruled that Nakuru Governor Susan Kihika was guilty of violating patients' rights at War Memorial Hospital. On January 23, 2024, Kihika oversaw the forcible takeover and eventual closure of the hospital, which resulted in 22 patients being forcefully transferred and over 300 staff losing their employment. The hospital, located in Milimani Estate, had been in operation since 1921.
According to Justice Patricia Gichohi, Kihika's administration was wrong to raid the hospital in the early hours of the morning, forcing patients to be transferred. The court found that the manner in which the county government gained entry into the hospital violated the patients' rights. The governor allowed the invasion, and she is culpable for the violation. The court noted that Kihika's government subverted the rule of law and violated human dignity.
The invasion of the hospital occurred after the county government laid claim to the ownership of the hospital land, measuring 25 acres. The government accused the private management of forging a lease title, thereby extending the land's possession for 50 years, effective April 1, 2021. However, the court ruled that the governor's actions were unconstitutional and illegal.
The Law Society of Kenya (LSK) had filed a petition in 2024, following the closure of the hospital. The society sought a declaration that Kihika was unfit to hold public office. Lawyer Elizabeth Mukira, representing LSK, submitted that Kihika had failed the leadership and integrity test by allowing a hospital invasion. LSK noted that the county government first invaded the hospital on October 27, 2023.
During the invasion, at least 22 patients were forcefully discharged, including two C-section mothers and one prematurely delivered infant. The society stated that four patients were critically ill and in oxygen support, while others were in various wards with various health conditions. The LSK also deposed that two patients died during the second invasion at 3 am.
Despite ruling that Kihika subverted the law, the court declined to declare the governor unfit to hold public office. Justice Gichohi ruled that the court lacked jurisdiction to issue a declaration removing the governor from office. The judge also declined to issue any other orders regarding ownership of the hospital land, insisting that her court lacked jurisdiction to litigate a land matter.
The court ruling followed a detailed investigation into the events surrounding the closure of the hospital. Key points from the case include the county government's violation of patients' rights, the subversion of the rule of law, and the eventual closure of the hospital.
Key points
- The High Court of Kenya ruled Nakuru Governor Susan Kihika guilty of violating patients' rights at War Memorial Hospital.
- The court found that Kihika's administration was wrong to raid the hospital, forcing patients to be transferred.
- The court declined to declare Kihika unfit to hold public office, citing a lack of jurisdiction.
