County struggles to defend its interest in War Memorial hospital land

Top managers of War Memorial Hospital and other parties when they appeared before Chief Magistrate Elizabeth Juma, on January 13, 2025, during the War Memorial Hospital land lease forgery hearing. [Kipsang Joseph, Standard] 

Nakuru County through its Secretary Samuel Mwaura struggled to explain its interest on a 25-acre land on which the Nakuru War Memorial Hospital stands.

Despite taking over the hospital, shutting it down, filing a land case, and effecting the arrest of seven people including the hospital’s directors and top land officials, the county was yet to defend its interest.

On Wednesday, Dr Mwaura was cross-examined in a suspected forgery case facing the seven, before Nakuru Chief Magistrate Elizabeth Juma.

Mwaura said the county received documents from the hospital, suspected they were forgeries, and presented them before the Directorate of Criminal Investigations (DCI) for probe.

However, when cross-examined by Dr Simon Mwangi, a director of the hospital, and lawyers Henry Aminga, Kahiga Waitindi, Kipkoech Ngetich, and others, he failed to give evidence of forgery. Further, Mwaura was unable to explain why he allegedly instructed cancellation of a lease, noting that the same was out of his jurisdiction as a county secretary.

“Do you have the powers to direct the land registrar to cancel a certificate of lease, issued by the National Government?” asked Dr Mwangi, who is one of the seven.

“In my capacity, I had the responsibility to point out the alleged forgery I suspected and report the same to the relevant authorities to take further action,” answered Mwaura.

Mwaura also struggled to explain why the county government took over the hospital and closed it, despite the land being under the national government.

He failed to produce any documents showing that the county was allocated the land by the national government after a lease issued to War Memorial Hospital expired in March 2021.

Further, he failed to produce a document from the National Land Commission (NLC), transferring the land to the county government, despite producing a letter from his predecessor, requesting the same in 2022.

Mwaura was shown a lease for the land under the proprietorship of War Memorial, renewed for 50 years by the National Government on April 23, 2021, effective March 1, 2021.

“Why didn’t the county government take over the lease when it expired in 2021, during your predecessor’s regime. What interest does this county government have?” asked Aminga.

Mwaura insisted the county government wanted to expand Rift Valley Provincial General Hospital Annex, which is adjacent to War Memorial, and was also concerned about the process of renewal of the lease.

The County Secretary was also unable to explain why the county was disputing a lease issued and signed by Deputy Director of Land Administrator Peter Nzuki, on behalf of the Cabinet Secretary of Land and Physical Planning.