The High Court in Nairobi has issued temporary orders barring the Directorate of Criminal Investigations (DCI) from accessing confidential patient files at two private hospitals, Universal Trends Medical and Diagnostic Center and Inspocare Health Limited.
It is alleged that the officers want the records in relation to investigations into how former army officers were recruited to go fight in the Russian war.
Justice Chacha Mwita granted a conservatory order Monday restraining the DCI, the State Law Office, and other respondents from demanding, accessing, or interfering with the hospitals’ medical records until October 8, 2025, when the case will be mentioned for directions .
This is after the two medical facilities through lawyer Danstan Omari challenged a DCI directive requiring them to surrender the medical records of two patients, Vincent Odhiambo and Moogi Duncan, as well as details of patients whose bills were settled by international agencies.
The petitioners argued that the demands violated constitutional rights to privacy, dignity, and health, and contravened the Health Act, 2017 .
In the order, the court directed that pleadings be served immediately and responses filed within seven days.
The hospitals maintain that the outcome of the petition will be critical in safeguarding patient confidentiality and upholding the ethical obligations of healthcare providers in Kenya.
They claim that the investigators also sought records of all patients whose bills had been settled by global agencies in the last six months.
The petitioners argue that the demands were not accompanied by any valid court orders, nor had the patients given consent, making the requests illegal. They say compliance would breach the Constitution’s guarantees of privacy, dignity, and the right to health under Articles 28, 31, and 43.
In affidavits sworn by directors Dr. Ndiritu Wangui and Dr. Isaac Maundu, the facilities insist that they are bound by the Health Act, 2017, which prohibits disclosure of patient information unless sanctioned by a court or authorized by the patient. “Compliance with the respondents’ demand would amount to a violation of our patients’ constitutional rights,” the affidavit states.
The doctors further warned that succumbing to the demands would expose them to professional misconduct liability, while refusal could lead to harassment and intimidation by police.
They asked the court to issue urgent conservatory orders restraining the DCI, the Inspector-General of Police, and the Attorney General from interfering with their records until the case is heard.
