The criminal proceedings against four Nairobi Hospital officials that were scheduled for a pre-trial today before the Milimani Principal Magistrate Theresa Nyangena have not proceeded as planned.

This was after the court was informed that there were conservatory orders that had been issued by the High Court, temporarily barring their arrest, prosecution, and state interference in a dispute over the governance of the hospital.

Chris Bichange, Samson Kinyanjui, Job Obwaka, and Valarie Akinyi have been charged with failure to lodge the company’s 2024 financial statements with the Registrar.

The defence lawyers, led by Sam Nyaberi, appearing before Magistrate Nyangena on Tuesday, March 31, 2026, produced the High Court Conservatory orders issued by Justice Bahati Mwamuye.

Magistrate Nyangena adjourned the proceedings to allow the court to be updated on whether the High Court orders had been extended, stopping the further prosecution of the accused officials.

 High Court ruling

In the High Court, Justice Mwamuye temporarily blocked the Head of Public Service Felix Koskei, the Director of Public Prosecutions (DPP), and the Inspector General of Police from taking action against the officials over matters linked to the hospital’s governance.

Among those protected by the orders are board chairman Barcley Onyambu, vice chairman and lawyer Samson Kinyanjui, Dr Magdalene Muthoka, director Valarie Akinyi Gaya and John Mwero.

“A conservatory order is hereby issued against the 1st, 2nd, and 3rd Respondents (DPP, IG and DCI), barring them from summoning, arresting, detaining, charging, prosecuting, or continuing the prosecution of any of the 1st to 6th Petitioners with regard to any matter touching on the governance, management, or affairs of the 7th Petitioner (The Nairobi Hospital),” Justice Mwamuye ordered.

Second, the judge further ordered that the state and its agents be stopped from taking any action that would change the status of the Nairobi Hospital directorship, membership, administration, or status.

“An order is issued restraining all respondents, including Koskei, AG, IG, DPP, DCI, Registrar of Companies, Public Service Commission, KRA and Asset Recovery Agency, jointly and severally, whether directly or through their employees, servants, agents, related entities, or any person acting under their authority, direction or control, from taking any action that would change the status of the Nairobi Hospital directorship, membership, administration, or status,” the judge added.

The matter will be mentioned on April 14, 2026, for an update on the High Court proceedings.