A judge in Nakuru has ordered the police to help the management of the War Memorial Hospital regain access to the facility following a raid by county enforcement officers.
Justice Millicent Odeny of the Environment and Land Court ordered the County Commander Samuel Ndanyi to ensure that all staff resume work.
Her orders came just a few hours after the county enforcement officers raided the facility at around 3am yesterday, ejected staff and directed patients to seek treatment at the adjacent Nakuru Level Five Hospital-Annex.
Odeny ruled that Governor Susan Kihika's administration disobeyed court orders of October 30, which stopped it from interfering with the running of the hospital.
She pointed out that the court orders were extended on November 2 and on November 20. “The orders are further extended by this court. The court directs the county commander to ensure it is obeyed and implemented,” ruled Odeny.
The judge warned the county leadership to desist from disobeying court orders.
Earlier, the court, through Deputy Registrar Priscah Nyotah, visited the hospital to assess if the county had taken over the management after their lawyers denied it.
In her report, Nyotah recorded that the takeover was true, and that some equioment had been vandalised.
“The gates are manned by county askaris and the National Police Service. Entry requires permission from the county officials. Staff were evicted, and patients were being discharged or referred to other hospitals,” read the report.
The orders were issued in a case in which the management has sued the county administration over the ownership of the 25-acre land where the hospital stands.
The management ran the hospital until last Friday when the top directors, Roger Joslyn and Dr Simon Mwangi, were arrested and charged with forgery of the lease for the land, extending it by 50 years, effective April 1, 2021.
The county enforcement team gained entry into the hospital on Saturday morning and allegedly barred patients from accessing it, claiming it was no longer operational.
On Monday evening, the county officials denied journalists entry to the hospital and anxiety gripped staff at the facility.
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At around 6pm, more county askaris arrived at the gate.
At 8pm, the security officers made their way into the hospital, but the management locked the doors and directed all the staff to wait inside.
The wait continued until 10.40pm when the hospital CEO Patricia Musale was called and threatened in a conversation with one Joseph that The Standard recorded.
The man later sent a message claiming they were after Musale's head.
The team waited until 2.45pm when the county officials, led by County Secretary Samuel Mwaura, raided, vandalised CCTV cameras and warned that no one, including journalists, should record.
“Just cooperate and leave the premises,” shouted the officers, some in uniform and others in civilian.
But the staff remained put, fearing for their safety. They were later told to leave at 6am yesterday.
“We are giving you assurance that we will hold a meeting and discuss the future of all the 300 staff here. For now, you will have to vacate the premises,” said Mwaura.
The case will be mentioned tomorrow.
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