Kihika, Murkomen in the spot as armed police camp at War Memorial Hospital

Police camped outside Nakuru War Memorial Hospital two days after the court declared that the land on which the hospital stands belongs to Nakuru War Memorial Hospital Limited. [Kipsang Joseph, Standard]

Questions have emerged over the interests of Nakuru Governor Susan Kihika and Interior Cabinet Secretary Kipchumba Murkomen in the Nakuru War Memorial Hospital land dispute after armed police officers camped at the facility's gate hours after a court ruled in favour of the hospital.

The officers arrived in a Land Cruiser on Friday evening, just hours after hospital management, former employees and supporters held a thanksgiving  service to celebrate a ruling that affirmed War Memorial Hospital Limited's ownership of the disputed 27.6-acre property in Milimani Estate.

Their presence through the night unsettled staff who had hoped the decision by the Environment and Land Court in Ol Kalou would end a two-year battle with the Nakuru County Government and pave the way for the hospital to resume operations.

The incident has also drawn fresh attention to allegations that part of the prime property has been surveyed, subdivided and marked with beacons, with the hospital's lawyer claiming that private individuals were seeking to acquire portions of the land.

Hospital matron Patricia Musale said she received a call from security guards at about 9pm on Friday informing her that officers had arrived and were asking who had authorised the reopening of the facility.

Worried by the development, she contacted the hospital's lawyer, Lawrence Karanja.

Musale said tensions persisted into Saturday morning, when some employees who reported for work were allegedly denied entry, with only security guards allowed onto the premises.

She later visited the hospital and spoke to the officers, who reportedly told her they were acting on instructions from above.

“With the Land Cruiser at the gate, we are traumatised. We don't like it stationed there. The officers said they were acting on instructions from above,” she said.

For the hospital's management, the deployment has raised concerns that the legal victory may not immediately translate into a smooth return to normal operations.

Karanja said he questioned the officers about their presence and whether they had a court order directing them to close the facility.

“They told me they had orders from above. We don't know what their interest is,” he said.

Nakuru War Memorial Hospital lawyer Lawrence Karanja claimed police barred staff from accessing the facility two days after it reopened. [Kipsang Joseph, Standard]

The lawyer linked the deployment to the Ministry of Interior, claiming the officers had referred to instructions from senior authorities, including Murkomen.

He called on the Interior CS to withdraw the officers, arguing that their presence was unnecessary at a facility seeking to resume healthcare services.

"The officers also don't know what they have been sent to do, but they said they have just taken orders to come to the War Memorial. We are asking the Interior CS to withdraw the officers and send them where there are criminals," he added.

Claims of attempts to acquire hospital land

Beyond the police presence, Karanja alleged that the dispute could involve attempts by private individuals to acquire part of the hospital's property.

He claimed that about 10 acres of the larger parcel had been surveyed and subdivided, with beacons placed on portions of the land.

“The interest in this hospital is because those fighting us wanted to grab the 10-acre land forming part of the larger 27 acres owned by the War Memorial. Part of the land has been surveyed and subdivided by the grabbers,” he alleged.

Karanja further claimed that a senior politician had been allocated four acres of the disputed property, but did not identify the individual.

He challenged those he accused of interfering with the land to respect the court's decision, warning that the hospital would pursue the matter.

Court affirms hospital's ownership

The latest developments follow a ruling by Environment and Land Court Judge Mugo Kamau, who declared that War Memorial Hospital Limited lawfully owned the disputed property.

The judge ordered the Nakuru County Government to vacate the 27.6-acre parcel and withdraw its security personnel to allow the hospital's private management to operate without interference.

The property also hosts Nakuru Level V Hospital Annex, a public health facility, and a public helipad. The judge allowed the public amenities to continue operating on condition that the hospital's management permitted them to do so.

War Memorial Hospital staff clear bushes and tidy the facility’s compound as they resume efforts to restore normal operations following the reopening of the hospital after nearly three years of closure over a land dispute with the Nakuru County Government. [Kipsang Joseph, Standard]

The court also restrained the county government from entering, remaining on or carrying out activities on the property.

In dismissing the county's application to cancel the hospital's lease, the judge found that the hospital had followed the required procedures to extend the lease for a further 50 years, effective April 1, 2021.

Court records show that the hospital began operating in May 1921 under a 99-year lease. Before the lease expired in 2021, the hospital applied for an extension through the relevant county offices.

The court found that the county officers involved had not raised objections to the extension and had recommended that it proceed.

The dispute escalated after the county government sought to have the lease revoked and take control of the property.

In April 2023, the county secretary wrote to the land registrar seeking revocation of the lease. The registrar subsequently gazetted it as a lost title, a move the judge criticised as exceeding the registrar's authority.

The county took control of the hospital in October 2023 and shut it down again on January 23, 2024, despite court orders directing its reopening.

The dispute has also placed Governor Kihika under scrutiny over the circumstances surrounding the hospital's takeover and closure.

Last month, High Court Judge Patricia Gichohi ruled that Kihika violated patients' rights by allowing the forceful invasion and closure of the hospital on January 23, 2024.

The ruling followed a 2024 petition filed by the Law Society of Kenya (LSK), which sought to hold the governor accountable for the events surrounding the closure.

The court found Kihika culpable for allowing the invasion, ruling that the manner in which the county government gained entry into the hospital violated patients' rights and undermined the rule of law.

However, the judge declined to declare the governor unfit to hold public office, saying the court lacked jurisdiction to issue such a declaration outside the established constitutional process for removing a governor.

In its submissions, the LSK said 22 patients were forcibly discharged or transferred during the raids, including mothers recovering from Caesarean sections, critically ill infants and patients receiving oxygen support.

The society also alleged that two patients died during the closure, more than 300 employees lost their jobs and property was destroyed.

The county government challenged the court's jurisdiction to hear the petition.

The findings added another dimension to the dispute, which has evolved from a disagreement over the lease into a wider legal battle involving patients' rights, public administration and control of the property.

The hospital's closure left more than 300 workers without jobs and disrupted services, including dialysis, forcing patients to seek care elsewhere.

For former employees and residents who relied on the facility, the latest land ruling had offered hope that services would soon resume.

Hospital director Dr Simon Mwangi said management was eager to reopen the facility following the judgment.

“We are very happy because we have waited for a long time to have our hospital back and we will begin operations as soon as possible,” he said during celebrations at the premises.

Human rights activists and former staff also welcomed the judgment, saying reopening the hospital would restore access to essential healthcare services.

But the overnight presence of armed police has cast a shadow over those celebrations, raising fresh questions about the hospital's path to reopening.