Land's commission blocked from War Memorial hospital land case

War Memorial Hospital sign post on ‎October ‎26, ‎2023. [File, standard]

The Environment and Land Court has blocked the National Land Commission (NLC) from presenting a witness in a dispute over ownership of the 25-acre land in Milimani, Nakuru, hosting War Memorial Hospital.

Judge Joseph Mugo barred the commission from presenting its cases through court documents, insisting that NLC’s application was made in bad faith.

Mugo noted that the commission had been invited to participate in the case when it began in 2024, but did not file any documents.

He also noted that NLC was not a party to the case and was not sued by War Memorial hospital, in the case it filed against the County Government of Nakuru and the Attorney General (AG).

“The commission was allowed to join the case as an interested party. However, they have made the application after the case has been heard and all the witnesses have testified,” ruled Mugo.

The judge also pointed out that the court allowed NLC to liaise with the AG and present all the witnesses they wished to rely on to defend their position in the land dispute.

He noted that the AG presented all of its witnesses, including the land registrar, and submitted that all witnesses it wished to produce had been heard.

“It would be unfair to delay this case. The court granted parties in the case enough time to prepare and present their case in order to timely expedite this case. The application for an official from NLC to testify is denied,” ruled Mugo.

Mugo pointed out that despite failures by NLC to file their documents, they were given a chance to cross-examine all the witnesses in the case.

The court directed that the case be listed for submission on March 11, 2026, when the court will give the date of the judgment.

The AG closed its case when former Nakuru Land Registrar Eric Nyamu testified on why he cancelled a lease title for War Memorial Hospital on May 19, 2023.

The land registrar testified that he received a complaint of a charge on the land and a fraudulent extension of the lease for 50 years, effective April 1, 2021.

He testified that when he contacted the hospital in April 2021 to provide documents proving that the bank had discharged the title, he received no response and gazetted the lease title as lost.

“I did not cancel the lease title. It is still under the War Memorial, but the term has expired,” clarified Nyamu.

John Kihagi, the County Executive Committee Member (CECM) for Lands, Physical Planning, Housing, and Urban Development, testified and admitted that the Certificate of Lease possessed by the hospital’s private management was genuine.

According to Kihagi, the county government was challenging the process the hospital used to obtain the lease certificate. They insist that it was obtained fraudulently.

“I can confirm that the lease originated from the land’s office. However, we want it cancelled because the process of obtaining it was fraudulent,” testified Kihagi.

Dr Simon Mwangi, one of the hospital directors, testified that they started the process of renewing the lease before it expired in March 2021.

According to Dr Mwangi, no one objected to the renewal of the hospital land lease, including the NLC.

The case will be mentioned on March 11.