There was chaos on Wednesday evening when some Members of the Nakuru County Assembly stormed the Nakuru War Memorial Hospital demanding its reopening after the Court of Appeal issued an order earlier this month.
The hospital has remained closed for eight months, despite seven court orders being issued against the county government in a tussle with the facility's management over its ownership.
The MCAs, who turned out in large numbers, on Wednesday evening broke the chains on the main gate to gain entry and began cleaning the grounds by slashing overgrown grass and clearing bushes.
Majority Leader and Keringet Ward Rep William Mutai said their visit was part of their oversight role to ensure the hospital is reopened and services resume as per the court's ruling.
Menengai West MCA Isaak Rottok criticised the county government for ignoring court orders and allowing the facility to remain closed.
He pointed out that the Nakuru Teaching and Referral Hospital, which is supposed to serve patients from Nakuru and neighboring counties, has been neglected and is failing to provide adequate services.
Mr Rottok noted that patients in need of ultrasound and MRI services are forced to pay Sh10,000 in cash at the public hospital, which he described as unacceptable.
He also expressed concern that the closure of War Memorial Hospital has negatively impacted dialysis patients, many of whom are referred from Eldoret, Nyandarua, and Baringo.
Mr Rottok accused certain individuals of sabotaging War Memorial Hospital to benefit the PGH Private Wing, which is more expensive.
Nakuru County MCAs participate in a cleanup exercise within the premises of Nakuru War Memorial Hospital on October 9, 2024.
Photo credit: Boniface Mwangi | Nation Media Group
"We want the county to respect the court order and let the hospital be operational. Our referral hospital has become a cash cow for some individuals. We urge the National Government to step in and conduct a forensic audit," he said.
In a Court of Appeal ruling dated October 1, the parties involved in the dispute — Civil Appeal No. E231 of 2024 and Civil Application No. E077 of 2024 — reached a settlement under various conditions to facilitate the reopening of the hospital.
The court ordered that all previous High Court orders be stayed, pending the hearing and determination of the ongoing dispute.
The facility was ordered to be opened immediately, with joint management by two representatives each from the Nakuru County Government and Nakuru County War Memorial Hospital, along with one nominee each from the Nakuru Land Registrar and the Attorney General.
The five-member management team was tasked with overseeing the hospital's operations, including managing staff and suppliers. The court further ruled that the chairperson of the committee should come from War Memorial Hospital.
The court directed the High Court to resolve the dispute within 60 days and made no orders regarding costs, allowing both parties the liberty to apply for further orders if necessary.
“We direct the High court to hear and determine the dispute within the next 60 days from the date of hereof. No orders as to cost and each party be at liberty to apply,” ruled Judge Mohammed Warsame.
The County Government of Nakuru has so far nominated County Secretary Dr Samuel Mwaura and County Executive Committee Member for Health Services, Roselyn Mungai, to the management team.
War Memorial Hospital has nominated Roger Joslyn, who will serve as chairperson, and Dr Mwangi Watene, one of its directors. The Nakuru Land Registrar and Attorney General have yet to nominate their representatives.
Once all nominations are complete, the names will be submitted to the Court of Appeal for confirmation.
