Nakuru Governor Susan Kihika.
Nakuru Governor Susan Kihika has lost her bid to stop the hearing of a petition seeking her removal from office over the controversial takeover of the Nakuru War Memorial Hospital.
This follows a court ruling that dismissed her application to strike out the case filed by the Law Society of Kenya (LSK), which is seeking a declaration that she is unfit to hold the office of Governor.
Justice Patricia Gichohi also declined to grant Ms Kihika’s alternative request to stay the hearing of the petition pending the determination of another case before the High Court in Nyandarua, which seeks to determine the ownership of the hospital land.
“Further, and in the circumstances herein, the governor’s proposal for a stay of the petition until the Nyandarua ELC E003 of 2024 is heard and determined is not necessary unless all parties herein are willing to enter into a consent to that effect,” ruled Justice Gichohi.
In the petition filed on April 15, 2024, the LSK seeks a court declaration that the county government's raid and takeover of the Nakuru War Memorial Hospital using goons was unconstitutional and embarrassing to Kenyans.
The LSK further seeks orders declaring the governor unfit to hold office, accusing her of gaining illegal entry into the facility and destroying property of unknown value in an attempt to conceal evidence.
According to the petitioners, the forcible takeover by the county caused the loss of lives and trauma to patients who were receiving treatment.
They claim that four critically ill patients died, three awaiting admission were turned away after their files disappeared, and surgeries for six others were abruptly suspended.
Additionally, the LSK argues that Governor Kihika violated the rights of patients, hospital staff and the general public to human dignity, equity and social justice, falling short of the constitutional requirements under Chapter Six on leadership and integrity.
The LSK also cited the recusal of two Environment and Land Court judges due to what they described as Governor Kihika’s blatant disobedience of court orders.
In response, Governor Kihika sought dismissal of the suit, arguing that the Nakuru High Court lacked jurisdiction.
She contended that the issues raised mainly trespass and land ownership fall under the purview of the Environment and Land Court, where a related matter is already pending in Nyandarua.
However, in her ruling on Monday, Justice Gichohi held that the main issues raised by the LSK are not about land ownership but rather alleged violations of constitutional rights and freedoms.
“This court is satisfied that it has the jurisdiction to hear and determine the issues regarding the alleged violation of rights and freedoms as enshrined in the Constitution and as pleaded in the petition herein,” ruled the judge.
The LSK has sued Governor Kihika, the Nakuru County Government, the National Lands Commission and the Attorney General. The Nakuru War Memorial Hospital is listed as an interested party.
