Luxury wards or jail cells? How the mighty fall sick when prison calls

The Accident and Emergency entrance at the Kenyatta National Hospital. Politicians have been using medical institutions as safe havens to stall trial, delay sentencing or escape prosecution (Photo: Elvis Ogina)

Hospitals are sanctuaries of healing, places where the sick and injured seek medical attention in their time of need. However, in an increasingly cunning world, these noble institutions have become more than just healthcare facilities; they are now strategic hideouts for people seeking to sidestep legal battles.

While genuine medical cases should never be dismissed, concerns are growing that some people are exploiting this system to escape legal consequences. In Kenya, some individuals are choosing hospital over court, often feigning illness or exaggerating symptoms to avoid legal proceedings.

From politicians evading prosecution to fugitives escaping justice, hospitals have unintentionally become safe havens for those looking to stall or derail the judicial process.

What was once a matter of life and death has, in some cases, turned into a loophole exploited to delay legal proceedings, escape court hearings and even manipulate public feelings.

This phenomenon has been observed in both civil and criminal cases, particularly among those facing charges or legal disputes that could result in significant penalties or imprisonment.

Blurred lines

A court insider, speaking to The Nairobian, revealed the extent of the problem: “Many people bribe doctors at medical facilities to get sick leave. These individuals often collude with their personal doctors and lawyers, who work closely with certain practitioners. They use these sick notes in court to sabotage cases. I don’t think any lawyer would openly comment on this because they could be arrested for submitting fabricated documents as evidence. These documents are then filed in court as part of the case,” he explained.

The exploitation of medical institutions for protection from the law is not new. Over the years, high-profile figures have conveniently fallen ill at critical moments, often when facing serious charges.

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Medical records, doctor’s notes, and prolonged hospital stays have been wielded as weapons to postpone court hearings, frustrating prosecutors and law enforcement agencies.

The Health Act of 2017 states that any medical institution that fails to provide emergency medical treatment while having the ability to do so commits an offence and is liable upon conviction to a fine not exceeding Sh3 million. Similarly, healthcare providers have a duty to provide emergency treatment. This creates a grey area where hospitals must provide care even if they suspect that an admission may not be entirely legitimate.

For hospitals, questioning the validity of a patient’s claim is difficult, especially in cases where health conditions appear critical. The line between those in genuine need and those manipulating the system is blurred, leaving the Judiciary at the mercy of medical reports.

Ferdinand Waititu

Several prominent figures have used hospitalisation to their advantage. It thus came no surprise when former Kiambu Governor Ferdinand Waititu suddenly fell ill after being convicted.

Waititu, popularly known as Babayao, was swiftly admitted to Kenyatta National Hospital (KNH) after allegedly falling ill in the Industrial Area Prison where he had been taken after being sentenced to 12 years for corruption.

“I confirm that my client (Waititu) has been admitted to KNH today after his health deteriorated while in prison,” said his lawyer John Swaka while disclosing Waititu’s location.

The timing of his illness, coming just days after his sentencing, raised eyebrows, with critics speculating that it was a tactic to delay incarceration as he mounted an appeal against the conviction.

A streetwise character, Waititu has stirred controversy ever since he plunged into politics in 2002 when he was elected Njiru Ward Councillor.

The battle-hardened politician has fought many battles and won to the surprise of the naysayers. He once bragged that he is never scared of incarceration since prison blocks were built for men like him.

Over the past few months, Waititu had taken the front seat of politicians plotting to oust President William Ruto in the 2027 election. He had become a constant figure in meetings are rallies led by Wiper leader Kalonzo Musyoka.

Babayo was planning to contest for the Nairobi governor seat. Last December, he registered the People’s Party of Kenya (PPK) as the vehicle for his political comeback in 2027.

“PPK is now my vehicle where I am the leader. I am going to popularise it and I am sure more seasoned politicians will be joining it,” he said.

Waititu landed in prison after the court found that he abused office, awarded tenders to get kickbacks, and irregularly awarded tenders to himself and his wife while serving as Kiambu governor.

Throughout the case, Waititu had remained adamant claiming the charges were trumped-up by detractors uncomfortable with his rising political fortunes. He remained actively involved in politics.

“As long as my appeal is active in court, I am free to contest for any political seat in this country,” he told The Nairobian in a past interview. On September 30, 2024, he was arrested, after being accused of offensive conduct in violation of Section 94(1) of the Penal Code.

He was seized when a video went viral, in which he made “inflammatory” remarks during an event in Ruiru. The politician claimed he expects such arrests going forward as 2027 nears and political re-alignments gather pace.

“This game is not for the faint-hearted; I will fight to the end and will not give them (government) space to intimidate me,” vowed Waititu.

When the heat was too much after the Ethics and Anti-Corruption Commission (EACC) started investigating him in 2019 over the Sh588 million road tender that finally landed him in jail, Waititu vowed to take a break from politics and surrender to God.

“When the war is too much, you kneel before God and ask the Almighty to fight on your behalf. This is exactly what I am doing right now, praying to God to fight for me,” he said.

The following year, the Kiambu County Assembly impeached him. Waititu was accused of violating the public procurement rules and conflict of interest after it emerged that tenders in the county were awarded to companies owned by relatives.

Rigathi Gachagua

While facing imminent impeachment, then Deputy President Rigathi Gachagua failed to appear before the Senate on the day of the impeachment hearing.

With a majority of senators prepared to vote against him, Gachagua was scheduled to present his defence but was instead admitted to hospital.

“The sad reality is that the Deputy President of the Republic of Kenya has been taken very ill and is in hospital,” his lawyer, Paul Muite, stated.

Dr Dan Gikonyo, who was treating Gachagua, told reporters that the politician had been admitted with heart complications but was stable. He was expected to remain hospitalised for 24 to 72 hours—conveniently beyond the duration of the Senate proceedings.

Kamlesh Pattni

Controversial businessman Kamlesh Pattni, infamous for the Goldenberg scandal that drained billions from Kenya’s economy, also found refuge in a hospital. Arrested following the death of his security chief, Friedrich Kohlwes, Pattni was admitted to KNH, where he received VIP treatment.

During a court hearing at the Kenyatta International Conference Centre (KICC), Pattni dramatically collapsed and was rushed to hospital. Many believed this was a calculated move to delay the proceedings, yet complaints about his preferential treatment fell on deaf ears.

Ketan Somaia

A financier with deep political ties, Ketan Somaia was named in the Kroll Report as a key intermediary in corrupt dealings in the Daniel Arap Moi administration. His wealth, often acquired under dubious circumstances, amounted to billions when adjusted for inflation.

When faced with legal action, Somaia conveniently found himself hospitalised, effectively stalling legal proceedings against him. His case remains one of the most notable instances of financial elites leveraging the healthcare system to their advantage.

Mike Sonko

Flamboyant former Nairobi Governor Mike Sonko is no stranger to legal trouble, and neither is he unfamiliar with the inside of a hospital. At some point, Sonko was accused of recruiting a militia which was likely to destabilise national security.

He also had other corruption charges which he denied, but was to be remanded for two nights pending the ruling on his bail application. Sonko was dramatically rushed to KNH from Kamiti Prison after reportedly falling ill at night. He was admitted after complaining of stomach complications.

In another separate incident, he was admitted to hospital after what officials described as “massive blood pressure” while being held at Gigiri Police Station.

Emmanuel “Jay Jay” Banda

Not all hospital escapes end in legal delays; some lead to outright evasion. Zambian fugitive lawmaker Emmanuel “Jay Jay” Banda was facing robbery charges when he was admitted to Chipata Central Hospital under police guard.

Shockingly, he escaped through a hospital window and disappeared. The police later issued a bounty of $72,000 for his capture, underscoring how hospitals can sometimes serve as stepping stones to freedom.

Jorge Glas

In April 2024, Ecuador’s former vice-president Jorge Glas was taken to hospital from the maximum security jail where he was being held – three days after the politician was captured inside Mexico’s embassy in Quito during a police raid that drew outrage across Latin America.

Glas, 54, was sent to the Alcatraz-inspired prison La Roca (the Rock) in Guayaquil, one day after being detained by Ecuadorian security forces inside the Mexican mission where he had sought asylum. Ecuador’s prison authority claimed that, after refusing prison food for 24 hours, Glas had suffered a “possible imbalance” and been taken to hospital by paramedics.

Enner Valencia

In October 2016, a warrant of arrest was issued against Enner Valencia, a professional soccer player with the prestigious English club Everton due to claims of unpaid child support.

While gearing up for a World Cup qualifier match between Ecuador and Chile, Valencia was confronted twice by local law enforcement and an attorney acting on behalf of the mother of his five-year-old child. The issue revolved around a significant shortfall of Sh2,198,950 in his child support obligations.

Initially, he pretended to be hurt. As a result of his “injury,” he was removed from the game. To exit the field, he was placed on a stretcher. Ultimately, he was loaded into an ambulance and whisked away from the stadium, with the police hot on his trail. The arrest warrant was cancelled after the game concluded.