AG Muturi wants three CSs summoned over KU hospital tussle

The fight for the control of the multi-billion state-of-the-art Kenyatta University referral hospital appears to be far from over with three cabinet secretaries now being put at the centre of the tussle.

The trio-Treasury’s Njuguna Ndung’u, Ezekiel Machogu (Education) and Susan Nakhumicha (health) are accused of abdicating their responsibilities in the matter.

Attorney General Justin Muturi told MPs Wednesday that the CSs ought to explain why recommendations by parliamentary committees are yet to be implemented.

“One of the things that the executive is required to do is to take the recommendations from parliament and undertake to implement it and if it in the event of trying to implement it finds it unable they come back to parliament and explain,” he said.

"It is not the AG that implements, it is the executive…the CSs should come here and explain why they cannot implement," he added.

Muturi had been summoned to appear before the Public Investment Committee on governance and education.

He explained that the problems at the Kenyatta University could only be resolved through a meeting.

“Students should not be made to suffer…it is just a matter of meeting and agreeing,” he said.

Bumula MP Wanami Wamboka who chairs the committee concurred with him saying the matter needs to be resolved so that services are not interrupted and all members benefit from it.

“We want to get a proper way forward instead of attacking each other and we shall stick to sticky issues as the legality of the CEO in office,” he said.

In its report, the National Assembly’s select committee on implementation recommended that the CSs for health and education ensure that KU has full access to the hospital for use by the medical students.

The Committee had observed that while the Ministry of Health took over the facility as parastatal, the Treasury took up the repayment obligations and strengthened it to ensure it generated revenue for self-sustainability and pay debt obligations.

The hospital was constructed by a Chinese contractor with KU being the implementing agency.

The report tabled in parliament in September 2021 also ordered retired President Uhuru Kenyatta to revoke a Legal notice no. 4 of January 2019 converting the Sh8billion Kenyatta University Teaching, Referral and Research Hospital (KUTRRH) into a parastatal within six months.

While expressing his displeasure, Wamboka regretted that the matter had dragged on due to the failure of the government to act on a report.

In his submission to the Committee, Muturi supported the idea even as he maintained that the move taken by retired President Uhuru Kenyatta to convert it was not illegal.

According to Muturi, the president has the power to create a parastatal thus he cannot be blamed for the ongoing stalemate.

“Chair, the exercise of a power cannot be said to be illegal, there may not have been sufficient consultations on the matter only,” said the AG.

During the meeting, it emerged that the decision to take over the facility was mooted in October 2018 in a meeting convened by the then-head of public service Joseph Kinyua.

The meeting, Muturi in a letter tabled in parliament said, was to discuss the operationalization of the hospital.

Surprisingly, Muturi stated, there was no representative from the varsity invited to attend the meeting.

“Not a single representative from the institution had been called to the meeting and so this in itself implies that a decision had been made earlier that the hospital could be made a parastatal,” he submitted.

During the meeting, differences between the hospital’s board chair Olive Mugenda and current vice chancellor Paul Wainana who had appeared before the committee were palpable with each holding a hardline position.

While Wainana insisted that no member currently enjoying the services at the facility would stand to suffer, Mugenda opposed this saying as it is no institution of learning can manage a health facility.