Nairobi Hospital chiefs seek court protection from ‘state overreach’

The High Court in Nairobi has certified as urgent a constitutional petition filed by six officials and directors of the Nairobi Hospital.

They accuse senior state officers of orchestrating a campaign of unlawful arrests, harassment and executive interference in the affairs of the private medical institution.

In directions issued on March 25, Justice Bahati Mwamuye ordered the respondents—including the Director of Public Prosecutions, the Inspector General of Police, the Head of the Public Service Felix Koskei and the Attorney General—to file their responses by April 2, with the matter set for hearing on April 9.

The petitioners are seeking conservatory orders to halt what the “coordinated misuse of state machinery“ stemming from a presidential directive to “save” the hospital from individuals labelled as “conmen and charlatans”.

The petitioners, among them Gilbert Nyamweya, Dr Magdalene Muthoka and the Kenya Hospital Association trading as Nairobi Hospital, argue the actions violate their fundamental rights under articles guaranteeing fair administrative action, freedom from arbitrary arrest and the right to a fair hearing. 

They point to a March 6, rally where President William Ruto, in his capacity as the hospital association’s patron, declared he had “instructed with clarity” that those involved in the hospital’s affairs would be “removed and charged.”

“The decision of the first respondent to charge directors of the seventh petitioners is a textbook example of abuse of prosecutorial powers, is irrational, procedurally unfair and lends the criminal justice system to abuse,” the petitioners state in their notice of motion.

The petition details a pattern of escalating state action, including the arrest of three petitioners on March 23. 

In what the applicants term a stark admission of a lack of evidence, the charges were withdrawn before plea could be taken. 

Despite this, they claim the same individuals were ordered to reappear in court days later for plea in respect of the withdrawn charges. 

The arrest of Prof Herman Manyora, a former director, on March 24 is cited as proof of a continuing pattern of intimidation.

“The said conduct evidences a deliberate pattern by the respondents of arrest first, investigate later, in total violation of constitutional safeguards and established principles of criminal justice,” the petitioners assert through their supporting affidavit.

The dispute stems from governance wrangles within the Kenya Hospital Association, a private company limited by guarantee.

The petitioners allege that after a faction resisted pressure to withdraw ongoing civil litigation concerning the hospital’s management, the fifth and sixth respondents co-opted the police and prosecution service to arrest and charge directors. 

They further contend the actions flout existing court orders, including a ruling by Justice Nixon Sifuna in August 2025 that explicitly restrained the Director of Criminal Investigations from summoning or detaining any person in matters related to the hospital’s leadership.

In addition to the criminal proceedings, the petitioners claim they are now facing simultaneous pressure from the Assets Recovery Agency, which has issued caveats against their property and the Kenya Revenue Authority, which has commenced tax assessments. They argue this multi-agency approach amounts to a coordinated and oppressive use of state power aimed at punishing them for participating in civil litigation.