Nakuru County moves to take over War Memorial Hospital

Nakuru County is now seeking full ownership of the War Memorial Hospital, a privately run facility that was shut down last year following a conflict over land lease terms.

Governor Susan Kihika’s administration has renewed its efforts to take over the hospital amid growing public dissatisfaction with the state of healthcare in the county, particularly at Nakuru Level V Hospital.

The county government remains locked in a legal dispute with the hospital’s directors regarding the rightful ownership of the 25-acre property located in the affluent Milimani area, where the facility is situated.

On Monday, the hospital’s administration notified Deputy Registrar of the Court of Appeal, Lina Akoth, that county authorities had stationed their security officers at the facility.

Roger Joslyn, who chairs the hospital's board of management, stated that the county government had also sealed off several key offices within the hospital and retained possession of keys to critical rooms and entry points, which they have reportedly declined to return.

Joslyn further noted that the county government had blocked the private management from accessing vital sections of the facility.

"The county is deliberately hindering the hospital’s reopening by refusing to remove the locks on certain premises and by placing guards to secure those areas," he said.

Joslyn explained that they have been unable to comply with the Court of Appeal's directive issued on October 1, 2024, which ordered the immediate reopening of the facility.

The ruling, delivered by a three-judge bench, stipulated that the hospital should resume operations under a joint management structure comprising five board members—two representing the hospital, two from the county government, and one from the national government.

Joslyn told the court that over the past six months, multiple meetings had been held to chart a path forward, including discussions on clearing outstanding utility bills amounting to Sh2.3 million, which reportedly accumulated after the hospital’s closure.

He noted that cleaning activities have been ongoing since the Court of Appeal ordered the facility's reopening on October 1, 2024.

However, he emphasized that limited access to the premises has made it difficult to progress toward resuming full operations.

Joslyn also informed the court that decisions are made through voting, with the majority vote determining the final course of action.

Joslyn stated that the board had reached a consensus that once the hospital’s inventory was completed, the county government would withdraw its security personnel and allow the private management to resume control of operations.

He added that all board members, including representatives from the county government, had signed an agreement to hand over the hospital’s management to the private team following its reopening.

However, this arrangement has not been implemented, and the county government is reportedly obstructing the planned reopening of the hospital.

"Nothing in the hospital belongs to the county government, yet they want to control it," Joslyn expressed in frustration.

County Secretary Samuel Mwaura responded by stating that the Court of Appeal’s order meant the hospital should be jointly managed.

He denied allegations that the private management had been denied access to parts of the hospital.

Mwaura also raised concerns that withdrawing security might lead to complications, potentially violating the court’s orders.

The court listened to both sides' grievances but gave the parties until May 12 to resolve their issues.

The county's interest in controlling the hospital dates back to October 27, 2023, when it initially took over management.

The county government has expressed plans to extend the Nakuru Level Five Hospital Annex (PGH), located next to the War Memorial Hospital.

The two hospitals are separated only by a small gate, which has occasionally led to confusion among patients about which facility they are in.

The county made a second attempt to take control on January 23, 2024, at 3 am, when they seized the hospital, vandalized CCTV footage, evicted over 300 staff members, and shut it down.

The county also filed a lawsuit in the Environment and Land Court, claiming ownership of the land after the hospital's lease allegedly expired in March 2021.

However, the court in Nyandarua ruled that the lease had been properly renewed in April 2021 and ordered its reinstatement, along with the reopening of the hospital.

Additionally, the county, through the Director of Public Prosecutions, facilitated the arrest and prosecution of Joslyn, Mwangi, and five others.

The criminal case involves charges of forgery, abuse of office, and fraud related to the renewal of the hospital’s lease for another 50 years, effective April 2021.

"Are we going back or moving forward with the reopening? Can the board members sit down and agree on the way forward?" Judge Akoth directed.

The case will be revisited on May 12 for further directions.