Court blocks arrest, prosecution of Nairobi Hospital directors over management

The Nairobi Hospital/File

The High Court has issued conservatory orders blocking the arrest and prosecution of several Nairobi Hospital directors and other officials in a case touching on the facility’s governance and management, pending the hearing of a petition challenging State actions.

In its ruling, the court restrained State agencies from arresting or prosecuting the petitioners over matters related to the governance, management, or affairs of Nairobi Hospital.

"A conservatory order be and is hereby issued 1st, 2nd, and 3rd Respondents from summoning, arresting, detaining, charging, prosecuting, or continuing the prosecution of any of the 1st -6th Petitioners/Applicants with regard to any matter touching on the governance, management, or affairs of the 7th Petitioner," Justice Bahati Mwamuye ruled.

The court further barred any action that would alter the hospital’s directorship or operational status until the matter is heard and determined.

"A conservatory order be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, agents, related entities, or any person acting under their authority, direction or control, from taking any action that would change the status of the 7th Respondent's directorship, membership, administration, or status," the ruling stated.

According to the court order, the conservatory orders will remain in force until April 10, 2026, unless they are varied, extended, or vacated by the court.

The petitioners were also directed to serve the respondents with the court order and file an affidavit of service, while an earlier scheduled interlocutory hearing set for April 9, 2026, was retained.

The orders come amid ongoing criminal proceedings against several senior officials from the facility over alleged irregularities in the hospital’s management and registration processes.

They had been charged with offences ranging from procuring registration by false pretences to failure to lodge financial statements with the Registrar of Companies and failure to ensure the register of members was properly filed.

They pleaded not guilty to the charges.

When the matter came up for mention before Principal Magistrate Teresiah Nyangena on Tuesday, March 31, 2026, the court was informed of the High Court orders stopping further action in the case.

The magistrate was told that there was no further record that could be entered in the criminal proceedings pending compliance with the High Court orders.

“The purpose of today’s mention was for trial directions, but we can come back any day after April 10 when we have directions from the High Court,” the court was told.

Following the update, the magistrate scheduled the matter for mention on April 14, 2026, to confirm the status of the High Court orders and give further directions.

The case is part of ongoing legal disputes surrounding the governance and management of Nairobi Hospital.