Court now calls for dialogue over Nakuru War Memorial Hospital closure

The Environment and Land Court in Nyahururu has called for dialogue to end the impasse over the reopening of War Memorial Hospital, closed on January 23, 2024.

Judge Joseph Mugo, who is presiding over the hearing regarding the ownership dispute of the 25-acre land in Milimani Estate, Nakuru, stated that the matter could be resolved amicably.

The private management of the hospital and the county government have been in conflict over the ownership of this prime land since October 2023.

On Tuesday, Judge Mugo urged both parties to consider the public who relied on the hospital for services before its closure.

He emphasised that no healthcare facility in the South Rift Region could match the standards of War Memorial Hospital and noted that patients have suffered since its shutdown.

Although Judge Mugo needed to adjourn the hearing due to his involvement in an Alternative Justice System (AJS), he suggested that the land dispute could also be resolved through AJS.

He pointed out that public hospitals are overwhelmed with patients, and the closure of War Memorial Hospital poses a significant threat to public health.

“Even as the case proceeds, I recommend that both parties sit down and explore options to reopen the hospital,” the judge stated.

Mugo recalled how the hospital had served residents of Nakuru and surrounding areas, highlighting its long-standing significance to the community, having operated for over 99 years.

He permitted negotiations to continue even as the case remains in court.

This development comes shortly after the Nakuru Human Rights Defenders Network called for the formation of an independent Health Oversight Taskforce to address the alleged health crisis in Nakuru.

They also demanded the reopening of War Memorial Hospital to alleviate the burden on public hospitals, including Nakuru Level V Hospital (PGH).

On October 1, 2024, the Court of Appeal ordered the hospital to reopen under the joint management of the private entity, the county government, and the national government.

However, in April of this year, Deputy Registrar of the Court of Appeal Lina Akoth was informed that the two parties had yet to reach an agreement on how to operate the hospital.

Roger Joslyn, the chair of the board, stated that the private management should have exclusive control of security since it owns the entire hospital and all its assets.

In contrast, the county government, represented by County Secretary Samuel Mwaura, insisted on having joint security personnel oversee the hospital.

Akoth expressed frustration and directed board members to convene and resolve their differences.

“Are we going backward or moving forward with the reopening? Can the board members meet and agree on a way forward?” she instructed.

At the same time, a criminal case is ongoing against the directors of the hospital and land officials, with 40 witnesses set to testify. They are accused of colluding and forging documents to renew the hospital land lease for 50 years, effective March 1, 2021. This case will continue in June.