Efforts by the County Government of Nakuru to bar War Memorial Hospital management and staff from regaining access to the facility have hit a dead end.
This is after the Nyandarua Environment and Lands Court dismissed an application by the County Government of Nakuru to set aside orders that allowed the hospital management to regain access and continue with their operations.
Judge Yuvinalis Angima said the court was not satisfied that the interim orders issued on October 31, 2023, should be discharged, varied, or vacated.
The orders barred the County Government from interfering with War Memorial operations and possession of the property. The county police commander was directed to ensure compliance.
“On the setting aside of the interim orders, the court finds that the first defendant has failed to demonstrate that those interim orders were obtained through deception, misrepresentation, or non-disclosure of material facts. The prayer for variation, setting aside of the orders, is declined,” said Judge Angima.
The County Government, in their application to have an interim injunction against the hospital management, was also dismissed, citing that it lacked merit.
Lawyer Kamau Chomba, representing War Memorial, told the court that his clients were yet to access the facility despite the issuance of several court orders in their favour.
He pleaded with the court to issue orders directing the police to offer them security to regain possession. He noted that there is an ongoing construction of a perimeter wall around the facility.
Police officers, he said, are manning the property and had barred the management from accessing the property.
“We are requesting for their protection, so that my client resumes operations,” said Chomba.
The claims were, however, denied by State Counsel Prisca Adomeyon. She said her client, the County Police Commander, had implemented the orders of the court, adding that her client was to only provide security.
Judge Angima sought to know why the police in Nakuru failed to assist the management in regaining possession of the facility. The judge noted that the claims War Memorial Hospital Management had been denied access had been made previously.
The judge, while responding to Lawyer Chomba’s application to have the orders extended, noted that there are enough orders for War Memorial Management to regain possession and continue operations.
The court sought from the State Counsel whether the orders directed to the police to assist the Staff and management of the War Memorial in regaining access required them to do just one thing and move on.
The judge said for as long as the orders remain in force, the interim orders directing the police to ensure compliance is in force.
