Court of Appeal declines to issue orders restraining nuns from taking over St Mary's hospitals

St Mary’s Mission Hospital in Lang'ata, Nairobi. [Photo: Courtesy]

The Court of Appeal has declined to issue orders restraining a group of Catholic nuns from taking over St Mary's hospitals.

Father Charles Fryda, who has been fighting over the hospitals with Assumption Sisters of Nairobi (ASN) wanted the nuns stopped from taking over until his appeal is determined.

The High Court in Nakuru had, on September 29, ruled St Mary's hospitals belong to the sisters and not Fr Fryda.

But Fryda, of Maryknoll Fathers and Brothers Society, appealed the decision. He said he was the rightful owner of the properties.

Fryda's lawyer Paul Muite, yesterday, sought to have the judgement made in Nakuru stayed pending determination of his appeal.

Muite argued Dr Fryda's appeal may be rendered nugatory if the court does not issue new orders restraining ASN, who were third respondents in the case, from taking control of St Marys hospitals in Langata, Nairobi and Nakuru.

Appellate judges Fatuma Sichale, Sankale Ole Kantai and Daniel Musinga declined to issue the fresh orders Dr Fryda had sought.

“The suit before the court is substantial and until it’s urged out by parties concerned, we cannot make fresh orders at this stage,” said Justice Kantai.

“If transfer of the said properties is done before the hearing of the matter, the appeal is likely to become nugatory as St Mary missionaries have already taken over the facility,” said Muite.

He said the court should issue fresh orders to allow Dr Fryda to continue running the hospitals. He said the court should not be used to sanitise the attempted takeover of the properties.

“Dr Fryda is the one who raised funds to set up the hospitals. Donors wanted quality healthcare offered to the poor,” Muite said.

The nuns accused Fryda of refusing to hand over the hospitals as ordered. The three judges will rule on the matter on February  21.