Detained Nairobi Hospital Directors arrive in court after weekend in custody

Detained Nairobi Hospital directors are appearing in court today (Monday, March 16) after spending the weekend in custody.

The group was driven to Milimani Law Courts ahead of the arraignment.

The officials remained in police custody for a second night on Sunday.

Those detained include elderly doctor Job Obwaka, a director at the Kenya Hospital Association and an admitting consultant at The Nairobi Hospital, and the hospital board vice chairperson Samson Kinyanjui, who are being held at Muthaiga Police Station.

Another director, Valery Gaya, is being held at Pangani Police Station alongside former director Chris Bichage.

Dr Obwaka faces up to five charges related to registration of the hospital officials, a draft of charges listed by the Directorate of Criminal Investigations shows.

According to the charges listed by the DCI, Obwaka will be arraigned on Monday for allegedly procuring registration by false pretences.

“Job Lukuru Obwaka on dates between July 1 2024 and December 4, 2024, at Nairobi Hospital in Nairobi within Nairobi county jointly with others and being an officer of Kenya Hospital Association Limited; fraudulently and with an intent to deceive procured registration of 334 people to be members of the said company,” one of the charges reads.

He is also accused of failing to lodge a copy of the amended articles with the registrar for registration, contrary to the Companies Act.

“On or before December 31, 2024, at Nairobi Hospital in Nairobi within Nairobi county, jointly with others and being a director of Kenya Hospital Association Limited, failed to lodge a copy of the amended articles with the Registrar.”

He is also facing charges of allegedly failing to lodge financial statements with the Registrar and failing to ensure the register of members is lodged with the Registrar.

The detained officials are also facing the same charges.

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) warned it could call a strike over what it termed mysterious arrests, while the Law Society of Kenya (LSK) also raised an alarm.

KMPDU Secretary General Davji Bhimji Atellah said the 83-year-old doctor was arrested at his parking bay at the NSSF Building in Nairobi, where his clinic is located.

 According to the union, Obwaka was later taken to Muthaiga Police Station, where he was held.

“The arrest has caused great shock, concern and disbelief among doctors across the country, members of the Kenya Hospital Association, staff of The Nairobi Hospital and the wider medical fraternity,” the union said.

 The doctors’ union said it had been informed that the medic is being accused of falsifying a register of members, a function it claims falls under the Office of the Company Secretary.

 KMPDU further argued that Obwaka was not present when the alleged irregularities in the records are said to have occurred, raising questions about the basis of the accusations.

 The union also expressed concern that authorities had reportedly declined to grant the doctor cash bail despite the alleged offence being bailable under Kenyan law, allegedly citing unspecified “instructions from above”.

 Officials from KMPDU, LSK, human rights activists and family members went to Muthaiga Police Station demanding answers from officers in charge over the detention of Obwaka and Kinyanjui.

LSK President Faith Odhiambo Kanjama said Obwaka was arrested by plain-clothed officers and questioned why the officials were being held without clear charges.

Obwaka’s son said the doctor has a heart condition that needs medical care, adding that he is not a flight risk and should be released.

KMPDU and LSK said they would consider mass action if the detained officials are not released by midnight, accusing police of violating court orders, including anticipatory bail.