How Sh1bn property split the Cardinal, nuns and missionary

In our last edition (August 8-14), we revealed that a Catholic missionary doctor, a nun’s order, a mother superior and John Cardinal Njue are involved in a four-year dispute over property valued at over Sh1 billion.

Dr William Charles Fryda claims the popular low-cost St Mary’s Mission Hospital belongs to him and that the Assumption Sisters of Nairobi was only meant to hold it in trust for him.

The property suit pitting Fryda, Njue and The Assumption Sisters is pending at Nakuru Lands and Environment court before Justice Lucy Waithaka.

There is a St Mary’s Hospital in Elementaita, Nakuru and another parcel in Sagana where a medical facility was planned to be erected.

In his plaint, Dr Fryda claims that around 1998 he sought for land around Nairobi to set up a hospital for the poor.

He then got two parcels of land in Lang’ata. He coughed Sh38 million for them through Macharia Njeru Advocates.

Dr Fryda wanted a body to be registered into whose names the lands would be transferred and consequently paid for the incorporation of the St Mary’s Mission Hospital as his brain child.

In his affidavit, Fryda instructed Macharia Njeru Advocates to incorporate a company in which name the institution would be run and properties registered.

“... and we fell to the names St Mary’s Mission Hospital (herein called company) and because the hospital was going to be charitable institution, exemption was sought so as to enable us omit the use of ‘Limited’ in its company,” Dr Fryda says adding the company was incorporated on July 16, 1999.

He claims that before the company was registered he had already found and bought two parcels (A&B) in Nairobi-Lang’ata measuring 3.869 hectares and 3.863 hectares for Sh18 million and Sh20 million respectively.

“Payment for Lang’ata (A&B) was done before the company was registered and consequently there was need to have the lands registered in the names of another person as a stop gap measure,” he claims.

Dr Fryda then arranged with Assumption Sisters for use of their Registered Trustees for the purpose of documentation only, pending transfer of the property to the real owners.

In the suit, he said apart from allowing himself and the hospital to use Assumption Sisters Registered Trustees as a temporary measure, the sisters have not contributed any money towards the purchase or developments in the properties in Lang’ata, Elementaita and Sagana.

But the Assumption Sisters of Nairobi through a witness statement denied Dr Fryda’s claims saying the idea to set up a hospital was after a collaborative meeting between the Sisters and Superior General of Catholic Congregation, Maryknoll Fathers from New York USA, who agreed the Sisters would be the legal owners of the hospital and would be responsible for its running.

They also claim the funds used were provided by donors through correspondence written by the Sister’s congregation.

In May 21 , Rev Fr Arkad Biczak of New Mexico, Dr Braint McGuinness of Bellport New York and Marleys Zetah of Minnesota through written statements testified on St Mary’s Hospital saying they donated $150,000 (Sh12.7m), $170, 000 (Sh14.5m) and US$ 40,000 (Sh3.4m) respectively towards development of the hospital.

All of them say they donated the money through Maryknoll Fathers and Brothers Society in support of Dr Fryda’s initiative.

Sister Marie Theresa Gacambi, in a witness statement said the hospital was started pursuant to a meeting called on July 14, 1997 under chairmanship of Archbishop Mwana ‘a Nzeki.

She testified that Dr Fryda and Maryknoll agreed to work with the Sisters in contributing funds for the new hospital.

On February 6 this year, the Assumption Sisters of Nairobi and the mission hospital filed a title of counterclaim in the same suit seeking to dismiss suit and judgement be entered against Dr Fryda and permanent injunctions restraining him from interfering with property.

The two St Mary’s Hospitals in Nairobi and Nakuru are some of the busiest in Kenya. They have 27 doctors and about 200 support staff including nurses.

The branches in Lang’ata and Elementaita handle 1,300 outpatients and 400 inpatients, besides performing 50 major surgeries per day.