The High Court has suspended further investigations into Nairobi Hospital’s operations until a pending lawsuit is resolved. Justice John Chigiti issued an order barring investigative agencies, including the Directorate of Criminal Investigations (DCI), from restricting or freezing the phone numbers and bank accounts of the hospital’s senior management.
The ruling came after hospital leadership raised alarms over DCI officers seizing documents and equipment containing sensitive patient data, sparking concerns about potential breaches of patient confidentiality and privacy rights. “Leave so granted shall act as a stay on proceedings or decisions to undertake or continue investigations into all matters outlined in Chief Inspector Martin Munene’s affidavit, sworn on March 20, 2025,” the court order specified. Additionally, the court-mandated police to unfreeze the bank accounts and MPesa accounts of the hospital’s 12 board members, which had been targeted in the probe.
Last week, Attorney General Dorcas Oduor obtained court approval for detectives to seize various documents and electronic devices from the hospital. Chief Inspector Martin Munene was granted a search warrant to raid the offices of senior management and the Kenya Hospital Association (KHA), allowing investigators to collect evidence and scrutinize records held by both entities.
However, the KHA, represented by advocate Gitobu Imanyara, filed a fresh application before the Judicial Review division, challenging the legality of the DCI, Inspector General of Police, and Attorney General’s actions. The association argued that the investigation was not a genuine effort to enforce criminal law but rather a tactic tied to internal leadership disputes within the hospital community. Imanyara asserted that the probe was unlawful, accusing authorities of harassing senior managers to pressure them into stepping down. He highlighted that some seized items included sensitive patient information, alleging violations of the Health Act of 2017 and patients’ rights to privacy and confidentiality. The KHA also claimed that certain confiscated materials were protected by advocate-client privilege.
“There is an urgent need to protect patient information, which faces exposure risks due to these investigations,” Imanyara told the court. On March 24, 2025, Nairobi Hospital secured temporary relief when the High Court halted enforcement of the earlier search order. This followed a Judicial Review application, deemed urgent by the court, with a mention scheduled for April 7, 2025.
