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The Nakuru War Memorial Hospital saga took a new twist yesterday after its two directors and three co-accused lands officials were charged afresh with 23 counts.

This is after the Directorate of Public Prosecutions amended the charge sheet which initially had 12 counts.

This happened as another court issued new orders to the County Police Commander directing him to kick out goons who have taken over the facility and provide security.

The criminal case involving the hospital directors’ Simon Mwangi and Roger Joslyn came up for a mention before Chief Magistrate Elizabeth Juma.

Amended charge sheet

Dr Mwangi and Joslyn are accused alongside Peter Nzuki, Stephen Kihenjo and surveyor Kipkemboi Marindich both of whom are officials at the Ministry of Lands.

In the amended charge sheet, the five are facing various counts involving fraudulent procurement of land, forgery, making documents without authority, uttering false documents and abuse of office.

“On April 7, 2021 at the Ministry of Lands jointly with others not before court procured the extension of lease for 50 years which led to issuance of certificate of lease to Nakuru War Memorial Hospital Limited,” a joint charge for the five read.

The four in exclusion of Kihenjo are also charged with forgery of a signature of a Robert Otiti, an official at the Ministry of Lands provincial surveyor’s office.

Nzuki a deputy director Lands Administrator at the Ministry, was separately charged with the offence of abuse of office, a charge in which he is accused of improperly using his office to sign a document namely authority. “The document used to open a temporary file that led to the extension of lease of Nakuru Municipality Block 11/107 without using the laid down procedure and correct documents.”

Nzuki was also separately charged with intent to deceive, forged the signature and handwriting of Tabitha Tsuma in a lease data form A and B purporting the document had been written and signed by her.

Kihenjo, an assistant director lands administrator at the Ministry was separately charged with improperly using his office to sign a proposed extension of lease and recommended extension for 50 years without following the right procedure and correct documents.

Released on bail

The five suspects pleaded not guilty to the charges and were released on bail terms of different amounts. “Hearing of the case shall be on July 31, August 5 and 7. It will be mentioned on February 28,” he ruled.

Running concurrently was a civil case filed by the private company against the county government of Nakuru which came up for a mention before Justice Anthony Ombwayo.

The hospital’s lawyer Lawrence Karanja told the court that though the county police commander Ndanyi had complied with earlier orders, his clients were yet to take control of the hospital.

“Goons who we believe were under instructions of the county government have taken control of the hospital. The hospital is still closed. It is shocking that a government would use goons on such a matter,” said Karanja.

Nakuru County Attorney Caleb Nyamwange however dismissed the claims saying that the county enforcement officers had exited the hospital. “It is absurd for Karanja to allege that the county government had deployed goons to the hospital. The goons there have nothing to do with the county government,” said Nyamwange.

Karanja maintained that the goons had the support of government officials. “Nothing else explains why the goons are still in charge of the hospital despite the matter being reported to the police since Thursday last week,” said Karanja

Justice Ombwayo directed that the county commander visits the facility and ensure it is restored back to the private company.

“The county commander is to revisit and remove the armed goons from Nakuru War Memorial Hospital, provide security for the management and stop any further invasion,” ordered Justice Ombwayo.

The order is to be complied with within 24 hours of service to the commander Ndanyi.