Court stops Nakuru County from taking over War Memorial Hospital

It also ordered against investigation or revocation of the hospital's certificate of lease.

In Summary

• The hospital stands on a 25-acre land, which was reverted back to the government following the de-gazettement of the lease title given in the hospital's name.

• It maintained that it was the legal owner of the land, even as the county claimed that the lease was supposed to expire in April 2021.

Court gavel
Court gavel
Image: FILE

The Court has issued orders stopping the county government of Nakuru from taking over the management of the Nakuru War Memorial Hospital.

Prior to the takeover on Friday night, the hospital, which has operated for more than 100 years, was privately owned.

Nakuru War Memorial Hospital is on a 25-acre land, which was reverted back to the government following the de-gazettement of the lease title given in the hospital's name.

This prompted the hospital to move to court accusing the government of illegally revoking its lease without notice.

It maintained that it was the legal owner of the land, even as the county stated that the lease was supposed to expire in April 2021.

Contending the same, the hospital however said the lease was renewed by the Nairobi Lands office for a further 50 years.

On Tuesday, Environment and Land Court Judge Milicent Odeny quashed the decision of the Land Registrar, Nakuru District to cancel the certificate of lease for the said land.

Further, the judge barred the respondents in the suit -the Land Registrar and the Attorney General - from investigating or in any way dealing with the land.

"An Order of Prohibition prohibiting (an order restraining) the respondents from dealing in any manner whatsoever, investigating, cancelling, revoking and/or reviewing the certificate of lease of all that property known as Nakuru Municipality block 11/107 duly registered under the name of Nakuru War Memorial Hospital Limited," the ruling reads in part.

Following the take-over, the county shut the hospital down on Saturday and transferred some of the patients to the Rift Valley Provincial General Hospital Annex while others were discharged.


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