By Veronicah Stellah
Thursday,30th May 2024
The Nakuru County government was unable to present a title deed to the Senate demonstrating its ownership of the 25-acre land in Milimani Estate, where War Memorial Hospital is located.
Governor Susan Kihika appeared before the Senate on May 17, following a summons after the closure of the hospital, which has been operational since 1921.
Kihika was expected to submit documents, including the title deed for the hospital land, and justify the county government’s forceful takeover of the facility on January 23, 2024. In response to the Senate, the governor explained that the county assumed control of the hospital after the lease expired in March 2021. She claimed that the hospital management forged documents to extend the lease for an additional 50 years starting from March 1, 2021.
“As per the Constitution under devolution, as soon as the lease expired, the land ownership returned to the county government,” she stated.
Under Article 61 of the Constitution, all public land belongs to the people, and individuals and companies can own public land under leasehold ownership. The War Memorial Hospital management produced the original title from 1993 and the renewed lease from 2021 as evidence of ownership.
Kihika also argued that under devolution, her administration has the power to enter any hospital within the county. However, the 4th Schedule specifies that only County Health Facilities and Pharmacies are devolved, not private hospitals.
The governor claimed the takeover was meant to defend constitutional rights and was conducted peacefully. However, evidence documented by The Standard suggests otherwise.
Kihika failed to explain why the raid on the hospital occurred at night. War Memorial Hospital Chief Executive Officer Patricia Musale provided photos and videos of the raid, which took place at 3 a.m. on January 23. A Standard reporter present during the raid witnessed CCTV cameras being vandalized and patients and staff being forced out.
Despite several court orders directing the hospital to be reopened, Governor Kihika and County Police Commander Samuel Ndanyi delayed the reopening. Ndanyi eventually succumbed to pressure and handed over the hospital on February 1. However, after the police left, goons camped at the gate stormed the hospital and chased away staff.
Kihika and Ndanyi are facing contempt of court cases in the Environment and Land Court in Nyandarua regarding the orders that have not been vacated. Kihika called on the Senate to address the courts, claiming they have been unfair to her.
“We implore the Senate to weigh in on this issue to ensure sanity is maintained and courts are measured in issuing orders that have consequential effects on the functions of the county,” she said.
The governor and Musale appeared following a letter dated February 12, 2024, requesting a statement on the state of healthcare in Nakuru County. Another letter dated February 20 sought a statement and explanation following the closure of War Memorial Hospital.
Two cases have been filed in court. In one case, three hospital directors—Dr. Simon Mwangi, Roger Joslyn, and Malcolm Bell—and two land officials have been charged with fraud, forgery, and abuse of office related to the hospital land lease renewal. In the other case, the hospital management has sued the county government over the ownership of the hospital land.
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