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High Court has ordered the county government of Nakuru to vacate War Memorial Hospital, which has been under an ownership dispute since October 2023.

Justice Millicent Odeny issued the fresh orders just hours after the county government invaded the facility and evicted its staff and directed the discharge of patients.

The Environment and Lands court had issued restraining orders against the Susan Kihika-led administration stopping it from accessing, staying and or interfering with the century old facility on October 30, 2023.

Following the 3 am raid, the hospital’s lawyers led by Lawrence Karanja moved to court where they reported the violation of the court orders by the county government.

Justice Odeny directed lawyers from both sides to accompany the court’s deputy registrar Priscah Nyotah to visit the facility to establish whether the alleged invasion was true.

In her report, Nyotah who is also a magistrate indicated that the county government had forced its way into the facility, vandalised various equipment and interfered with the hospital operations.

“Gates to the hospital are being manned by county askaris enforced with officers from the National Police Service. Staff had been evicted. Patients and members of the public denied access and inpatients were being discharged or referred to other hospitals,” the report read in part.

Hospital management

Justice Odeny ordered that the county government vacates the facility effective immediately.

“Nakuru County Police Commander Stephen Ndanyi is to supervise the return of the Nakuru War Memorial Hospital management back to the former management and the exit of any county official at the facility,” ordered Odeny.

The order also came with a stern warning to the county government.

“Court orders are not given in vain. There is a pending contempt of court application. Inform your client to obey orders. Otherwise, there is no reason why we should be sitting here,” warned Odeny.

The county’s invasion of the facility on Monday evening began at around 2pm when a county askari attempted to remove a dialysis patient from an active session.

The patient (identity withheld) was rescued by nurses who shouted him down and filmed the incident.