War Memorial Hospital land dispute case postponed

Nakuru War Memorial Hospital gate locked with a chain and padlock, February 7, 2024. [Kipsang Joseph, Standard]

The Nakuru War Memorial Hospital land dispute case pitting a private company and the county government has been postponed indefinitely.

On Wednesday, lawyers appeared virtually to commence contempt of court proceedings against Governor Susan Kihika, County Secretary Samuel Mwaura, and County Police Commander Samuel Ndanyi.

The case was listed for inter-parties hearing following direction issued by Nyandarua Environment and Land Court Judge Yuvinalis Angima on March 3.

However, Justice Angima who was unaware of the proceedings before his court said he only sat after being notified that lawyers were waiting for him.

He, however, maintained that a notice should have been issued to all parties last week, informing them that the court would not sit this week and all matters listed should be postponed.

Upon inquiry, the Judge was informed by the lawyers that they were not served with any postponement notice.

“The notice should have been issued but since the court is indisposed, this matter will be postponed to a date either next week or beyond. The notice will be forwarded to all parties by the Deputy Registrar,” said Justice Angima.

Lawyers Lawrence Karanja and Chomba Kamau had appeared on behalf of the hospital’s management while lawyer Okore Jayalo, appeared on behalf of Prof Tom Ojienda, for the county government.

Justice Angima took over the case following recusal by Justices Millicent Odeny and Anthony Ombwayo on January 30 and February 8, respectively.

The private hospital management wants Kihika, Mwaura, and Ndanyi to be cited and convicted of contempt, for allegedly disobeying four court orders on reopening the hospital.

The orders dated January 23, 25 and 30, and February 5, 2024 also stopped the county government from interfering with the running of the hospital until the land dispute is concluded.

 

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