The High Court has granted temporary relief to doctors and officials linked to The Nairobi Hospital, halting any arrest, detention, or prosecution arising from an ongoing dispute over the hospital’s management and governance. The conservatory orders were issued by Justice Bahati Mwamuye following a petition filed by Barclay Onyambu, Dr. Magdalene Muthoka, and five others.
In his ruling, Justice Mwamuye barred the respondents, including Felix Koskei and the State Law Office, from summoning, arresting, detaining, charging, or continuing any criminal proceedings against the six petitioners. The court emphasized that the orders apply to any matter touching on the governance, leadership, or internal affairs of the hospital, which has recently been at the center of leadership wrangles.
The judge also issued further directives restraining the respondents, their employees, agents, or any persons acting under their authority from interfering with the hospital’s management structure. This includes its directorship, administration, and membership status. The orders effectively preserve the current leadership and operational framework of the hospital, ensuring that no changes are made while the case is still under judicial consideration.
The petition was filed after a series of arrests involving doctors and hospital officials in connection with the dispute. The court’s intervention now provides a reprieve to those affected, shielding them from further legal action linked to the ongoing conflict.
However, the conservatory orders are temporary in nature. They will remain in force until April 10, 2026, unless they are extended, varied, or vacated by the court. The petitioners have been directed to serve the respondents with the orders and file an affidavit of service to confirm compliance.
The matter is scheduled for mention on April 9, 2026, for an interlocutory hearing, where the court is expected to give further directions as the case progresses.
The three directors had been charged with failing to lodge financial statements with the Registrar of Companies as required under the Companies Act. Specifically, they were accused of not submitting financial statements for the year 2024 by the December 31, 2024 deadline. Muthoka faced additional counts related to the alleged failure to file financial statements for 2023 and 2022.
