Reprieve for Nairobi Hospital as court stops DCI probe, grants board Sh100,000 anticipatory bail
The Nairobi Hospital.
The High Court has stopped the ongoing probe at the Nairobi Hospital, pending the determination of a petition filed by the hospital’s board of directors.
Judge John Chigiti blocked the multi-agency team led by the Directorate of Criminal Investigations (DCI) from conducting the probe, which started last Friday with the raid at the premier facility.
Privacy at risk
The judge granted the order after the management complained that the DCI officers had carted away documents and equipment containing sensitive patients’ data, raising serious concerns of potential compromise of patient confidentiality and a possible breach of right to privacy.
“That leave so granted do act as a stay in respect of proceedings or decision to undertake or continue investigations over all matters listed in the affidavit of chief inspector Martin Munene sworn on 20th March 2025,” the court order stated.
The court further directed the police to unfreeze bank accounts of 12 board of directors of the hospital, as well as MPesa accounts, who were targeted in the probe.
At the same time, a judge in Kibera granted the 12 board members anticipatory bail of Sh100,000 each, blocking the police from arresting and charging them.
“For the avoidance of doubt, the respondents (the police) are at liberty to investigate or charge the applicants for any criminal conduct. However, they shall not arrest or detain the Applicants in view of the order above or until further orders of the court,” Justice Diana Kavedza said.
At the High Court in Milimani, Justice Chigiti allowed the hospital’s lawyer, Gitobu Imanyara, to file a petition challenging the warrants obtained by the DCI and the investigations into the affairs of the facility.
Justice Chigiti directed the case to be mentioned on April 7.
The hospital said in a statement that the DCI officers carted away sensitive documents, raising serious concerns of a possible breach of the right to privacy.
“As a law-abiding institution, The Nairobi Hospital is committed to upholding the rule of law while also fiercely protecting the constitutional right to privacy under the Data Protection Act. We are actively engaging with the Office of the Data Protection Commissioner and other relevant authorities to seek clear guidance, accountability, and the swift resolution of any emerging risks to our patients' data,” the hospital said.
Mr Imanyara said the Attorney General, using the registrar of companies, demanded from the board documents on its membership and the status of its board of management from 2019 to date.
Hospital’s stand
He said that while the management was in the process of preparing the documents, because they are voluminous, the Attorney General moved to the Milimani court and obtained the search warrants.
He said the order also allowed the multi-agency team to cart away original and copies of documents, computers, laptops, iPads, tablets, digital devices and other equipment belonging to the hospital.
According to Mr Imanyara, it was unreasonable to demand documents from 2019 from a huge institution within three days.
He said without any lawful basis, the DCI and Inspector General of Police went ahead and froze the bank accounts, telephone numbers and MPesa accounts of the senior management team.
“The respondents (police) have demanded the interested parties who are directors of the applicant to attend requisitions to compel attendance under section 52 of the National Police Service Act, in furtherance of investigations,” he said.
Mr Imanyara submitted that the actions were unlawful, irrational and disproportionate since the investigations were not an honest endeavour at the enforcement of criminal law, as there are ongoing disputes on the leadership between various officers of Nairobi Hospital.
He further said the investigations were commenced with a view to having a collateral attack against the current board.
The lawyer submitted that the items and electronic equipment that were confiscated contain patient information and the investigations were in breach of the Health Act as well as patients’ privacy and confidentiality.
“Some of the information sought and indeed documents that were carted away contain confidential advocate-client protected information and conversations,” he said.
Mr Imanyara said five doctors- Prof John Mwero, Dr Barcley Onyambu, Dr Magdalene Muthoka, Dr Fred Kambuni and Dr Mbira Gikonyo were unable to communicate with healthcare facilities as far as the healthcare of their patients is concerned.
He said the doctors cannot be reached by their patients, assistants and nurses, thus exposing their patients to risks.
At Kibera, lawyer Shadrack Wambui submitted that the board members were apprehensive that they would be arrested.
They said they were willing, as required, to appear at the designated police stations to record statements in aid of the investigations, accompanied by their advocates.
Mr Wambui said the members have not committed any offence, and they would suffer prejudice if the order was not granted.
Mr Felix Osano, the chief executive officer, said they were at a loss as to why the DCI were incessant on their motives to apprehend them for being board members of an association of doctors helping patients.
“That we have been summoned to appear before the respondents, however, I am apprehensive that the summons may altogether turn out as a snare to arrest us and unlawfully hold us at the respondents’ offices,” he said.
He said the police have engaged in conduct that amounts to harassment, intimidation, and coercion, compelling them to act contrary to the mandate and constitution of the Hospital.
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