The case, currently before Nairobi's High Court, accuses Health Cabinet Secretary Aden Duale of bias, unlawful conduct and constitutional violations in handling the probe and the threat of Dr Mishra with deportation.
In court documents, Mediheal Hospital, its parent company, and Dr Mishra allege the Ministry acted on "unfounded allegations" by convening an improperly constituted investigative committee despite the hospital's full regulatory compliance.
The petitioners seek to nullify the government inquiry that accused the Eldoret-based facility of systemic malpractice, unethical kidney transplant procedures, and potential involvement in international organ trafficking.
According to the petition, Mediheal launched its kidney transplant program in November 2018 after receiving formal approval from the Kenya Medical Practitioners and Dentists Council, which mandated quarterly reporting of all transplant procedures.
“The Medical Practitioners and Dentists Board, through a letter dated November 1, 2018, gave its approval to Mediheal Hospital’s Kidney Transplant Surgery Unit to conduct Kidney Transplants and related Renal interventions and treatments,” states the petition.
Mediheal says it also obtained a research licence in October 2023 from the National Commission for Science, Technology and Innovation, which recognized its compliance with transplant guidelines.
The hospital claims to have performed over 476 kidney transplants with a 98 percent success rate before the Ministry suspended its transplant services in April 2025.
The entrance to Mediheal Hospital and Fertility Centre in Eldoret town, Uasin Gishu County.
Photo credit: Jared Nyataya | Nation Media Group
The court papers link the current dispute to a German media report by Deutsche Welle in April 2025, which, together with statements from the Directorate of Criminal Investigations, alleged that Mediheal was “implicated in the trafficking of human organs harvested at its Fertility and Transplant Centre in Eldoret.”
The petitioners dismiss these claims as baseless allegations that prompted what they characterize as the Cabinet Secretary's "hasty reaction" - the April 23, 2025 Gazette Notice No.5043 establishing the investigative committee.
The committee's report, dated July 22, 2025, allegedly found numerous violations, including governance failures, lapsed ethical oversight, documentation deficiencies, unregulated external testing, potential signature forgery, and possible patient coercion.
In one highlighted excerpt, the report concluded: “The most alarming finding from this dataset is the complete absence of proper legal documentation across all 407 cases examined. Every single affidavit lacks either the donor’s signature or the affidavit date, meaning that not one case meets basic legal documentation standards.”
While the report recommended investigating Dr Mishra and three specialists, Mediheal maintains the findings are "mistaken, erroneous, and void."
The petitioners argue the committee exceeded its mandate by investigating Mediheal Group of Hospitals, which they claim was not involved in transplant services. They further allege constitutional violations regarding fair administrative action and proportionality.
Mediheal contends the investigation lacked due process, relying on what it calls incomplete or manipulated records.
The petition particularly criticizes the Cabinet Secretary for endorsing the report without allowing Mediheal to respond, despite knowing about ongoing police investigations.
This action, they argue, demonstrates prejudgment and administrative bias that have damaged their reputation and disrupted critical medical services.
The petition further accuses the Cabinet Secretary of adopting and publicising the report without giving Mediheal any opportunity to be heard.
“The first respondent (Cabinet Secretary for Health) took up the report, his own work output, and treated and deemed the report correct, accurate, justified, bona fide and valid,” it says, adding that this was despite the CS knowing that police investigations were already underway.
The hospital seeks several remedies from the High Court including invalidation of the gazette notice, nullification of the committee report, and an injunction against implementing its recommendations.
Additionally, they request protection for fundamental rights including fair administrative action, dignity, privacy, and economic rights.
The case continues at Milimani High Court, where respondents have yet to file their replies.
