A section of the Laser Eye Centre at Sarit Centre, Nairobi. The facility faces eviction after a 20-year tenancy ended last month before its case is heard at the Court of Appeal. [File, Standard]
A High Court in Nairobi on Thursday issued a temporary injunction barring PBM Nominees Ltd, the owners of Sarit Centre, from evicting Laser Eye Centre Hospital.
On August 17, fourteen eye patients sued PBM Nominees and argued that the eviction placed them at risk of going blind as they could not get treatment elsewhere.
The level four hospital has remained closed since August 1 after its lease with Sarit Centre expired on July 31, 2020.
Justice James Makau issued the conservatory orders for the landlord to allow the clinic to operate pending the hearing and determination of the tenancy dispute case.
"I am satisfied that the petitioners have demonstrated that it is better to have eyesight today than lose it tomorrow. The denial of the order sought will prejudice the petitioners who face a serious risk of blindness and health complications by continued barricading of the eye hospital by PBM Nominees," he ruled.
Laser Eye Centre Hospital maintains it can’t move from the premise yet as it cannot fly in specialist engineers to move the medical equipment due to travel restrictions occasioned by the coronavirus pandemic.
PBM Nominees through their lawyer Ms Nzuki yesterday told the court that they did not file their response to the case by the patients as they encountered challenges with the e-filling system.
The patients are Penina Kathoni, Manilal Chandaria, Andrew Muhando, John Ouya, Jacqueline Mwiti, Dr Patrick LaRochelle, Winnie Wambui, John Gathitu, Anne Njoroge, Nicholas Makaa, Benson Ndambo, Christopher Waudo, Francisca Mongare and Patrick Kigathi.
Dispute
The city eye clinic has been in a row with its landlord after it declined to accept new conditions for the extension of the 20-year tenancy lease.
The mall had wanted among other things, one year’s rent to be paid upfront and joint access to the premises with the hospital. Laser Eye rejected the conditions and protested its removal from the mall in court.
Sarit Centre says it gave the hospital a one-year notice to vacate the mall after it declined the new conditions.
On August 1, 2020, Sarit Centre made good its threat to lock out the hospital from the premises despite the dispute pending before the court.
Laser Eye Centre MD Dr Mukesh Joshi held it was immoral for the management to evict him out when the dispute was still in court and hundreds of patients who had appointments to be treated being inconvenienced.
