Patients now sue Sarit Centre

Laser Eye Hospital entrance at Sarit Centre on August 1, 2020. [Courtesy]

The battle for a hospital has taken a new twist after a group of patients sued the premises owner for evicting their doctor.

Fourteen eye patients want the court to compel PBM Nominees Ltd, the owners of Sarit Centre, to allow Laser Eye Centre Hospital to continue operating in the premise, pending resolution of their dispute over rent and lease agreement.

Through lawyer Robert Gitau, the patients argued that some of them are at risk of turning blind if Laser Eye Centre remains closed since it is the only level 4 eye hospital with adequate facilities to treat them.

“The patients are in urgent need of medical treatment at the eye hospital since it is the only facility that can carry medical procedures to save their eye sight. Their medical attention is continuous and closing the facility is a violation to their right to proper medical care,” said Gitau.

He argued that the hospital’s closure has affected some patients who had scheduled post-operative check-up with specialised equipment, which are only available at the hospital.

According to the lawyer, the patients are not party to the rent and lease dispute between Laser Eye Centre and Sarit Centre and their health should not be compromised because of a simple issue that can be resolved through mutual agreement.

The specialised eye hospital has been locked in a dispute with the management of Sarit Centre since 2017 when they were notified of intention to terminate its 20-year tenancy. The hospital went to court challenging the decision, but the case was dismissed by the Environment and Land Court.

They then engaged a mediator to help resolve the dispute but on May 6, the management came up with new demands that it pays a full year’s rent of Sh7.8 million as condition for renewing the lease.

Justice James Makau on Friday certified the suit as urgent and scheduled the hearing on August 26.