Court blocks Attorney General from appointing 5 new members to Nairobi Hospital board
The Nairobi Hospital Board of Management has obtained court orders preventing Attorney General Dorcas Oduor from appointing five new members to its board.
The legal team representing the hospital’s board, led by lawyer Danstan Omari, stated on Wednesday, March 26, 2025, that the hospital executive had sent five individuals to force their way onto the board.
Omari claimed that the executive has been interfering with the board’s mandate for a long time, leading to multiple court cases aimed at preventing the board from fulfilling its duties and ensuring the hospital meets its expected standards.
“The executive wants to impose people on that board. The provisions of the laws governing Nairobi Hospital are very clear—board members must be elected,” lawyer Omari stated.
He further claimed that the executive, through the Attorney General, had filed a miscellaneous application in a criminal court seeking search warrants, raising serious constitutional questions.
Additionally, Omari argued that the Attorney General’s office has no jurisdiction over criminal matters.
The High Court in Nairobi barred the Inspector General of Police (IG), the Directorate of Criminal Investigations (DCI), and the Attorney General (AG) from conducting further searches at the Nairobi Hospital pending a judicial review of the case.
The Nairobi Hospital Board of Directors, led by Acting Chief Executive Officer Felix Osano, moved to court on March 24, 2025, seeking to stop the execution of a search warrant issued on March 21, 2025.
They also requested the court to order the IG and DCI to return all documents, iPads, tablets, laptops, digital devices, cloud storage systems, and other equipment seized from the hospital.
The hospital argued that these seized items contained critical patient records, raising concerns about the potential breach of patient confidentiality and privacy.
Notably, they stated that the confiscation of documents and electronic devices containing patient data violates the Health Act, 2017.
“There is an urgent need to safeguard patient information and data, which is at risk of being exposed,” read part of the verifying affidavit.
The board further argued that the seizure of these items posed a significant threat to the hospital’s operations, potentially paralyzing its ability to deliver essential healthcare services.
Additionally, they sought court orders to unfreeze and remove restrictions on bank accounts and telephone numbers belonging to Dr. Chris Bichange and other top management officials.
They emphasized that the restrictions on these phone numbers prevent patients and nurses from reaching doctors, thereby endangering patients’ health and lives.
Justice Chigiti John Mugwimi certified the matter as urgent and directed that the substantive application be filed and served within three days from the date of his directions.
He also ordered the IG, DCI, AG, and all interested parties to file and serve their responses within three days of receiving the motion.
“The application dated March 24, 2025, is hereby certified as urgent. Leave is hereby granted. The substantive application shall be filed and served within three days,” Justice Chigiti directed.
The matter will be mentioned on April 7, 2025.
Meanwhile, Kibera High Court Judge Diana Kavedza granted anticipatory bail of Ksh100,000 each to 12 board members, preventing their arrest and prosecution.
