High Court halts search warrants against Nairobi Hospital
The High Court in Nairobi has barred the Inspector of General 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 the acting Chief Executive Officer of the Nairobi Hospital Felix Osano, moved to court on March 24, 2025, seeking to stop the execution of the warrant of search issued on March 21, 2025.
They further sought court to order the IG and DCI to return all the documents, ipad, tablets, laptops, all digital devices, cloud storage systems and all equipment’s seized from the Nairobi Hospital.
The Nairobi Hospital argued that the documents, digital devices and all equipment’s seized from them are very important for they bear patients records explaining their fears on breach of their client’s privacy.
Notably, they stated that confiscation of the documents and electronic equipment’s that contain the patient’s data is unlawful to the extent that they were violating Health Act 2017.
“There is an urgent need to safeguard patient information/data which is at the risk of being divulged,” read part of the verifying affidavit.
Additionally, they stated that the seizing of the documents and electronics devices was a threat to the hospital operations that were likely to paralyze thus being unable to discharge of their obligations to their patients.
They also sought an order to be issued to the respondents to unfreeze and unblock restrictions on the bank accounts and telephone numbers belonging to Doctor Chris Bichange among other interested parties who are in the top management.
The stated that the patients and nurses cannot reach out to the doctors whose phones have been restricted and this puts their patients’ health and lives at risk.
Justice Chigiti John Mugwimi directed that the application was urgent and certified it and directed the substantive application be filed and served within three days from the dates of the directions.
He further ordered the IG, DCI, and AG and the interested parties to file and serve their response within three days from the date of service of the Motion.
“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.
