The Nairobi Hospital. The board of management accuses the police of continued harassment and intimidation despite seeking court intervention.
The High Court has temporarily stopped the government from interfering with the management of Nairobi Hospital.
In a fresh suit, the board of management of the hospital said police have continued to harass and intimidate them despite seeking court intervention.
The petition stated that the violations have continued through harassment, summons and intimidation, demonstrating a targeted and coordinated State action.
"The cumulative conduct of the Respondents amounts to a systemic abuse of police and prosecutorial powers contrary to the constitution," the petition stated.
In an earlier petition, six board members led chairman Dr Barcley Onyambu accused State agencies of abuse of authority following their arrest and arraignment.
Nairobi Hospital board chairman Dr Job Obwaka (second left) at the Milimani Law Courts on March 16, 2026.
They said the systemic abuse of the criminal justice system was deployed not for the enforcement of law, but as an instrument of intimidation, coercion and control over a private institution and its members.
The court then directed the case to be heard during the April vacation but no orders were granted.
In the latest case, the directors said three board members had been summoned to appear for plea taking despite the withdrawal of their charges.
Further, they said the charges against Mr Herman Manyora was a demonstration of such methods of intimidation and harassment.
The court issued orders blocking State agencies from taking any action that might change the status of the hospital's directorship, membership or administration.
"The conservatory order shall lapse at the end of day on 10/04/2026 unless otherwise varied, extended or vacated," said the court.
The court directed the case to be heard on April 9.
Tax assessment
Other than planned prosecution, the officials said Assets Recovery Agency (ARA) issued caveats and prohibitory orders against motor vehicles and assets belonging to the directors, thereby restricting their proprietary rights without due process or lawful justification.
Further, the Kenya Revenue Authority (KRA) also commenced tax assessment and enforcement proceedings against them, purportedly arising from the same set of facts, thereby subjecting them to parallel and duplicative process designed to intimidate, harass and exert undue pressure.
It is their case that the cumulative effect of criminal proceedings, asset recovery actions and tax enforcement measures constitutes a coordinated and oppressive use of state machinery, in violation of the Constitution.
The State actions, they added, were not undertaken through any lawful statutory nor were they grounded in any enabling legal framework.
“Instead, they constituted ad hoc and extra-legal maneuvers aimed at exerting State control over a private entity, justified solely on the basis of alleged internal wrangles within the hospital community,” said the petition.
The board of management said that while the disagreements in the hospital existed, they are not exceptional or incapable of resolution within the existing legal frameworks.
“Indeed, some had already been subject to judicial determination, thereby rendering any parallel executive or coercive intervention unnecessary, premature and unconstitutional,” the petition added.
They have named the Head of Public Service Felix Koskei, DPP Renson Ingonga, Inspector-General of Police Douglas Kanja and Director of Criminal Investigations as respondents in the case.
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