Court orders Nakuru County out of War Memorial hospital land

The High Court in Nyandarua has ruled against the Nakuru County Government and affirmed that the Nakuru War Memorial land belongs to Nakuru War Memorial Limited.

The ruling by Judge Mugo Kamau nullified the county’s takeover and lease cancellation by Governor Susan Kihika's administration.

Judge Mugo declared that the entire land, which also hosts Nakuru Level V Hospital Annex (PGH), a public hospital, and a public helipad, belongs to Nakuru War Memorial Hospital Limited.

The judge issued an injunction against the county government, ordering the administration to withdraw all its security from the land to allow the hospital management to run it.

Noting that there is a public hospital on the land, the judge allowed the hospital to continue operating on the condition that it is allowed by War Memorial.

“Whatever is in the land belongs to War Memorial. I understand that there was an arrangement with Annex for the benefit of the public, the same can only continue if War Memorial Hospital management allows,” he declared.

“An injunction is issued restraining the county government of Nakuru from further dealing, entering remaining and carrying out any activity on the War Memorial land,” Mugo further directed.

The judge dismissed the county government’s application, which sought the cancellation of the lease title issued to War Memorial, extended for a period of 50 years effective 1 April 2021.

According to Mugo, the hospital proved beyond reasonable doubt that it had legally and lawfully extended the lease, which was set to expire in 2021.

Further, the court ruled that the hospital, having served the residents of Nakuru for over 100 years, had valid reasons and the authority to request that its lease be extended.

“No opposition was raised by the county government before the lease was renewed and any opposition were made a year after the lease was legally renewed,” ruled Mugo.

According to the court, the county government was not forthright. Instead of moving to court to seek the cancellation of the lease title, the county flexed its muscles, invaded the hospital and closed it in January 2024.

Mugo said that even after the hospital moved to court, the county government failed to produce any evidence challenging the lease or defending its alleged position as custodian of the land, speaking volumes.

Further, he noted that the county government instead wrote to the Land Registrar to de-gazette the lease, and it was de-gazetted in May 2023 without the hospital’s knowledge.

The court noted that it was upon the gazette notice that the county government, through the county secretary, invaded the hospital and took over.

The judge faulted the then land registrar, Erick Nyamu, for allegedly bowing to pressure and de-gazetting the lease without authority.

The hospital was shut down by the county government on 23 January 2024.

Eight orders directing its reopening have been disobeyed.

Over 300 staff lost their employment, while some patients lost their lives following their forceful eviction from the hospital.

The case ends a two-year dispute between the hospital and the county government.