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The Court of Appeal has ordered the reopening of Nakuru War Memorial Hospital, nine months after its closure on January 23, 2024.
The hospital registered under private management is on a 25-acre piece of land in Milimani Estate within Nakuru and borders a public hospital, State House and a helipad.
The County Government of Nakuru closed the hospital following a dispute over ownership of the land.
However, judges Mohamed Warsame, Weldon Korir and Paul Gachoka, sitting in Nakuru ordered that the hospital be reopened. The judges said the ruling follows a consent signed by the county government represented by lawyer Tom Ojienda, the hospital’s private management, the land registrar, and the Attorney General (AG).
According to the three-judge bench, the hospital will be reopened under the joint management of five members.
“The County Government of Nakuru will nominate two members, the hospital’s private management will nominate two, and both the AG and the Land office will appoint one member,” ruled the judges. The bench ordered the five members to immediately open the hospital with proper management.
The court directed the management to be responsible for the running and control of the hospital, including dealing with employees and suppliers.
“The chairperson of the five-member committee shall be from the hospital’s private management,” ruled the judges.
Further, they directed the Environment and Land Court in Nyandarua, to determine the land dispute between the management of the hospital and the county government within 60 days, effective October 1, 2024.
The judges also settled disputes filed in the Court of Appeal and others, relating to the management of the hospital, save for the land dispute.
The hospital had been operating without any interruption since 1922, until the night of October 27, 2023, when the county government took over the management of the facility.
On July 19, Judge Angima reinstated the lease title deed registered under the private ownership, quashing a gazette notice by the Nakuru Land Registrar, dated May 19, 2023, which cancelled the lease title.
The title lease, first issued in 1922 and renewed for 50 years effective March 1, 2021, was cancelled, following a complaint by the county government.
“The cancellation of the lease is declared illegal, null and void. The title deed issued to War Memorial Hospital under private ownership is reinstated,” ruled Angima.
Six days later, Angima directed the Nakuru County Police Commander then Samuel Ndanyi to supervise the repossession of the hospital by the hospital’s management and its staff.
The verdict of the appellate court is expected to end a dispute and back and forth between the county government and the hospital management, dating back to October 27, 2023.
The hospital had been operating without any interruption since 1922, until the night of October 27, 2023, when the county government took over the management of the hospital.
“The county government also takes over the custodian of the 25-acre land where the hospital stands,” said Nakuru County Secretary Samwel Mwaura in a statement.
Doctors and staff were chased out of the hospital. Patients were forcefully released from the hospital and new admissions were blocked.
Aggrieved, the management moved to court and successfully obtained an order overturning the decision.
The case will be mentioned on October 7 to confirm compliance, before the Deputy Registrar, Nakuru High Court.
