LSK defends petition to declare Kihika unfit for office

The Law Society of Kenya (LSK) has defended a petition it filed before the High Court, seeking a declaration that Nakuru Governor Susan Kihika is unfit to hold public office.

LSK, through Lawyer Elizabeth Mukira, submits that Governor Kihika failed the leadership and integrity test when she allowed the illegal entry and takeover of War Memorial Hospital.

The county officials invaded the hospital on October 27, 2023 and January 23, 2024, shut it down and discharged patients and over 300.

On Monday, Mukira said that she had filed submissions proving the petition was properly before Judge Patricia Gichohi.

This was after Kihika, through Lawyer Okore Jayalo challenged the jurisdiction of the court to hear the case, claiming a similar case was ongoing in Nyandarua.

“We urge the court to find that the preliminary objection filed by the respondent (Kihika) does not meet the threshold,” she submits.

Mukira submits that the case in Nyandarua was a land matter- who owns the 25-acre land where the hospital stands- but the LSK case touches on illegal invasion of the hospital.

LSK has sued Governor Kihika, the Nakuru County Government, Land Registrar Nakuru, National Lands Commission (NLC) and the Attorney General (AG).

Gichohi will rule on May 7.

In the petition filed last year, LSK accuses Kihika of subverting the rule of law and violating human dignity.

“The court should declare that the illegal forceful entry of the governor’s agents to the hospital was unconstitutional, illegal and embarrassing to Kenyans,” LSK deposes.

The LSK wants Kihika declared an unfit and improper person with regard to her honesty, personal integrity, dignity and respect for rule of law.

“We seek a declaration that Kihika has no respect for human dignity, public good, governance and constitutionalism and is thus unsuitable to hold public office either as a governor or any other public position,” LSK adds.

LSK notes that War Memorial Hospital was issued with a lease on May 1, 1922 and operated peacefully. The lease was renewed in March 2021.

However, on October 27, 2023, the county government allegedly gave a misleading press statement that the hospital lease was illegally renewed, hired goons, entered the hospital without notice and harassed, threatened and chased away patients.

“At least 22 patients were forcefully discharged. The county government caused panic and anxiety,” submits LSK.

According to LSK, of the 22 patients, two were C-section mothers fresh from maternity and one C-section mother in her third postoperative day.

LSK notes that there was one prematurely delivered infant, one critically ill infant and others in urgent need of medical care. 

“Four patients were critically ill and in oxygen support while others were in various wards with various health conditions,” notes LSK.

During the second invasion  at around 3am on January 23, 2024, LSK states that two patients died, CCTV footage was damaged and staff lost their jobs and properties of unknown value destroyed.

“The governor disobeyed several court orders directing the reopening of the hospital, subjecting the authority to public scorn and ridicule,” reads the petition.

LSK says it is adamant that Kihika had failed to discharge her fundamental duty of protecting patients and allegedly colluded with hired goons to man the hospital.

It adds that Kihika usurped NLC’s power and proceeded to forcefully acquire land.

“The governor caused wilful and deliberate loss of lives, violated the right to privacy, civility and common decency and threatened the right to life of new-born as well as those in ICU,” LSK deposes.