- On Saturday, the County Government of Nakuru led by county secretary Samuel Mwaura raided the hospital, took over the managed and kicked out the hospital staff.
- The county asked relatives of patients who had been admitted to transfer them to other facilities.
Image: FILE
Nakuru County Police Commander Samuel Ndanyi has been summoned to appear before the Environment and Lands Court to show why he was unable to implement a court order.
On Tuesday, the court issued orders instructing the police commander to escort management and hospital staff of the multi-billion-shilling Nakuru War Memorial Hospital, and supervise its repossession from Nakuru County Government.
However, the hospital was still under the control of the county on Wednesday with enforcement officers armed with clubs manning the main gates.
There was a brief altercation at the gate on Wednesday afternoon when the Nakuru Law Courts Deputy Register Priscah Nyota was denied access by the county askaris.
She had been deployed there to ascertain the truth after defence lawyers denied claims that the county was still in control of the facility, despite a court order directing it to vacate.
On Thursday, ELC judge Millicent Odeny once again issued ordered directing Ndanyi to implement court orders that had been issued earlier, barring county government from meddling with the operations of the hospital.
She at the same time ordered the police commander to appear before her on January 30, to show-cause why he was unable to effect a court order.
“If he is unable to effect the order, let him appear before this court to explain the difficulty,” said the judge who had earlier expressed frustration of issuing orders which were being disobeyed.
She made the orders after lawyer representing the hospital claimed the county government was still in control of the facility and denied the staff access.
Lawyer Kahiga Waitindi accused Ndanyi of declining to implement orders instructing him to supervise repossession of the hospital.
Efforts by the Attorney General Office in Nakuru to defend Ndanyi by saying he was unable to physically serve the orders because he was out of the officer were futile.
"The county commander was served the orders in accordance to the law, the orders were sent to him electronically and a hard copy pinned on his door,” Waitindi said.
For the fourth time since October 31, last year, the court directed that the hospital staff be allowed back to continue their work without interference from the county government.
The latest saga started on Friday last week, when the five people who included two senior directors of the hospital, were arrested on claims of forging a lease document for the land on which the facility stands.
It was alleged that the five illegally extended the lease for 50 years.
On Saturday, the County Government of Nakuru led by county secretary Samuel Mwaura raided the hospital, took over the managed and kicked out the hospital staff.
The county asked relatives of patients who had been admitted to transfer them to other facilities.
The matter is coming up for mention and further directions on Tuesday next week.