Court summons police boss again over War Memorial Hospital saga

National
By Daniel Chege | Feb 07, 2024
Nakuru County Police Commander Samuel Ndanyi (right) at War Memorial Hospital on February 1, 2024. [Kipsang Joseph, Standard]

Nakuru County Police Commander ="https://www.standardmedia.co.ke/article/2001489427/top-cop-playing-hide-and-seek-with-court">Samuel Ndanyi< has been summoned for the second time to show-cause why serious actions should not be taken against him for disobeying court orders.

Ndanyi disobeyed a February 5, 2024 order that directed him to escort War Memorial Hospital management and staff to repossess the hospital located in Milimani after ="https://www.standardmedia.co.ke/rift-valley/article/2001489658/police-ordered-to-evict-goons-from-war-memorial-hospital">takeover by goons’<.

On Wednesday, the hospital lawyer Chomba Kamau informed Justice Anthony Ombwayo that the commander was yet to implement the order.

He noted that the first order against Ndanyi was issued on January 24, 2024.

“We served the commander with the order but unfortunately no one has been able to ="https://www.standardmedia.co.ke/article/2001489356/ownership-row-of-the-war-memorial-hospital-deepens">access the hospital<. We seek further directions,” said Kamau.

The commander, through the State Counsel Alex Muthuri, told Justice Ombwayo that the police were unable to access the hospital.

Big crowd

Muthuri, who represented Ndanyi, insisted that when the police went to implement the order yesterday morning, they found a crowd they could not control outside the hospital gate.

“I was personally there with the commander but we met a big crowd of people. The commander was unable to access the premises because of the crowd,” said Muthuri.

He further said police were unable to control the crowd owing to the hospital's ="https://www.standardmedia.co.ke/article/2001489305/battle-for-war-memorials-prime-land-since-jomo-era">proximity to the State House<, school and Nakuru Level Five Hospital-Annex.

“The police could not disperse the crowd using teargas or by firing in the air because the area is a protected site,” said Muthuri.

The county government distanced itself from the court order.

County Attorney Caleb Nyamwange insisted the order was issued against the police.

He confirmed the county government withdrew its enforcement officers who were manning the hospital since January 20.

However, Ombwayo summoned Ndanyi to appear today at 1pm and show cause why serious action should not be taken against him for disobeying court orders.

The judge warned that if Ndanyi fails to appear in person before court, he will be cited for contempt. 

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