Physical planning expert put to task over Memorial Hospital land lease renewal

Nakuru Physical Planning expert James Michoma was put to task on Monday afternoon over his office’s involvement in sparking a dispute over the ownership of War Memorial Hospital land.

The dispute between the hospital’s private management and the county government of Nakuru, saw the hospital forcefully shutdown on January 23, 2024, directors and land officials arrested and charged in court.

Michoma testified against the three directors, Dr Simon Mwangi, Roger Joselyn, and Malcolm Bell, two top land officials, Nyandarua Speaker of the County Assembly and a businessman, before Chief Magistrate Elizabeth Juma.

He confirmed that through the hospital’s agent, his firm, Nakuplan Consultancy, was paid Sh300,000 in 2019 to help extend the lease for the hospital land in Milimani, measuring 25 acres.

“One of the board members I knew informed me that the lease for the land was set to expire in 2021. Through Mathias Koech, the agent, they gave me instruction to apply for extension,” he testified.

He said that after visiting the land he prepared a report recommending an approval and sought the same at the county government, then led by Governor Lee Kinyanjui.

He, however, testified that a concern was raised in 2023, during Governor Susan Kihika’s time, that there was an ownership dispute which he interpreted as an objection.

However, he said that no objection for extension of lease was raised from the National Land Commission.

“I contacted Koech and he informed me that a lease had already been renewed. I thereby wrote a letter informing the county government that I had withdrawn the application for approval,” testified Michoma.

Director of planning wrote a letter and asked us to go to the site and review the application status which was pending.

He said that he was later summoned to the offices of the Directorate of Criminal Investigations (DCI), where he was shown a similar report, but disputed the signature.

“The report was similar to mine but it had a forged signature and had no stamp or seal,” he testified.

In cross examination, however, Michoma failed to explain why he did not reach out to the hospital directly to inform them of the objection.

“I took the letter which I interpreted as an objection seriously but I did not write a letter to the hospital board to inform them of the same,” Michoma admitted.

He admitted that he was to be paid Sh500,000 but confirmed that he did not finish his work. However, he said that at the stage he reached, the Sh300,000 had been used up.

Michoma also found it hard to explain why he took no action when he realized that someone had forged his signature.

He surprisingly insisted that he was not too worried because documents are forged daily and his documents were no exception.

“I did not make a formal report complaining of a forgery. I do not have an OB Number. I assumed that since the documents were in the possession of the DCI, they would take the necessary actions,” he testified.

He found it hard to explain why there was no document between his firm and War Memorial hospital, showing business relationship and communication, despite receiving Sh300,000.

Further, he confirmed that he only discussed the alleged dispute of the land with a county executive but did not involve the hospital management, who were his client. He added that he did not visit the hospital to discuss the way forward.

Further, in his report, Michoma had indicated that there was a helipad on the disputed land, but when he was cross-examined, he stated that there was no mark or evidence to show there is a helipad.

“There is no report from the Kenya Airport Authority to show that part of the land is a helipad,” he testified.

Michoma was questioned on why he withdrew the application for extension, without a written instruction from the hospital.

He was pressed to explain why he did not indicate in his letter that the application had been overtaken by events because the lease had been procured.

Further the planning expert maintained that all hospitals are public even though they may be privately owned.

Despite being shown the constitution that allows private developers to own land under leasehold ownership, he maintained that all hospitals are public.

He admitted that despite the alleged forged signature in his report, the content of the said report was his.

The case will proceed on February 23 and 25, 2026, March 2 and 4, 2026 and April 13 and 15, 2026.