Kihika risks jail term over hospital dispute
Rift Valley
By
Daniel Chege
| Feb 21, 2024
The Lands Court has given priority to hearing an application by the management of War Memorial Hospital seeking to have Nakuru Governor Susan Kihika and County Police Commander Samuel Ndanyi cited for contempt.
The two allegedly ="https://www.standardmedia.co.ke/article/2001489479/goons-raid-war-memorial-hospital-after-reopening">violated several orders< issued by the Environment and Lands Court in the past four months. Yesterday, Nyandarua Environment and Land Court Judge Yuvinalis Angima said the contempt application would be given priority as it involved disobedience of court orders.
This, he said will be followed by hearing of the case involving the land on which the hospital stands. The hospital management wants Ms Kihika and Mr Ndanyi found guilty of contempt of court for disobeying court orders that stopped their interference with running of the hospital.
Justice Angima granted the hospital management, the county government and police until April 17 to submit the contempt case. He took over the case following recusals by Nakuru judges Millicent Odeny and Anthony Ombwayo on January 30 and February 8, respectively.
READ MORE
Cheche: We have a big task at the World Cup next month
Ambitious Awuor eager to leave a mark on her World Cup debut
Kenya declares three days of mourning to honour 17 pupils killed in fire
Marion Serenge wins June's SJAK Sports Personality of the Month Award
Junior Starlets, the pride of Kenyan football
History as Junior Starlets qualify for Fifa U-17 Women's World Cup
Kempes hails Junior Starlets, says women's football should now be taken seriously
90 minutes stand between Junior Starlets and World Cup spot
Kenya's Junior Starlets one win away from FIFA U17 World Cup
Yesterday, Angima proposed that the dispute on ownership of the 25-acre land where the hospital stands, be heard on a priority basis.
Angima expressed concerns that several orders issued against closure and takeover of the hospital by the county askaris, police and goons between January 23 and February 8, 2024, had not been complied with.
“I am unsure if the position will change if I issue new orders. I am also concerned that if the court hears applications filed by all parties, we will not make any progress,” said Angima.
He referred to the contempt application by the hospital management and another application by the county government, seeking to review the orders issued in Nakuru.
“What shall we achieve if I hear all the applications? We will only delay the case. Parties should agree on a middle ground and status quo, for us to proceed with the land case,” said Angima.
But the hospital management, through lawyers Lawrence Karanja and Kamau Chomba, submitted that they ="https://www.standardmedia.co.ke/health/rift-valley/article/2001485275/kihika-vows-to-reclaim-disputed-war-memorial-hospital-from-private-firm"> would not proceed He insisted that the hospital management was ready to proceed with the land case, but court orders must first be obeyed. “We will not participate in the hearing with a party not ready to respect the court. The integrity of court order is in question,” he said. Karanja said the county government must comply with the orders and return the hospital to the private management or be tried for contempt.
Prof Tom Ojienda, acting for the governor, deposed that the court should set aside the orders that stopped interference from the hospital. He submitted that the hospital management had been charged with forgery of documents that ensured it extended the lease for the land for another 50 years, effective April 1, 2021.
“This is a land matter, and this court has no jurisdiction to litigate on the medical facility or services at the hospital. Only the High Court can hear the same,” said Ojienda.
Diaz fires Liverpool top of Premier League, Man Utd held at Palace
Chelsea continued their positive start under Enzo Maresca.
Gor Mahia knocked out of CAF Champions League after 6-0 drubbing
K’Ogalo lost 3-0 home and away to bow out on 6-0 aggregate defeat.
Jackson double fires Chelsea to victory at woeful West Ham
Chelsea pick a 3-0 win over West Ham.
FKF-PL: AFC Leopards dance their way to second in the standings
Sydney Lokale scored the winner as Ingwe clawed Bidco United 1-0.
Relegation battle intensify as NPCA Super League enters penultimate stage
The team which finishes last will be demoted to the second tier Division One competition.