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Nakuru Governor Susan Kihika is engaged in a legal battle to retain her position after the Law Society of Kenya (LSK) filed a lawsuit seeking her removal from office over alleged misconduct in the controversial takeover of Nakuru War Memorial Hospital.
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The LSK petitioned the High Court, arguing that Governor Kihika was unfit to hold office due to her actions in October 2024, when she allegedly seized control of the hospital in defiance of court orders. The society contends that the takeover was unconstitutional and resulted in severe consequences, including patient deaths and emotional trauma for those receiving treatment.
In response, Governor Kihika on Monday sought to have the case dismissed, claiming the court lacked jurisdiction to hear the matter. She argued that the issues raised—specifically regarding land ownership and alleged trespass—fall under the jurisdiction of the Environment and Lands Court, not the High Court. Kihika also noted that a related case is already before the Nyandarua Environment and Lands Court, and thus, the High Court should refrain from intervening.
Kihika’s legal team further argued that the subject matter should be handled by the Environment and Lands Court due to its focus on trespass and land disputes. Alternatively, the LSK has requested that the court suspend the proceedings until the Nyandarua case is concluded, in order to prevent misuse of the legal process.
The lawsuit, filed on April 15, 2024, accuses the governor and her agents of forcefully taking over the management of the hospital, causing significant disruption. It claims that the chaos led to the deaths of four critically ill patients, while three others were turned away after their medical files went missing. Additionally, scheduled surgeries for six patients were allegedly halted.
The petition also asserts that the governor’s actions violated patients’ rights and undermined social justice and equity, contravening Chapter Six of the Constitution, which deals with leadership and integrity.
Two judges from the Environment and Lands Court recused themselves from hearing the case due to Kihika’s alleged defiance of court orders. The petitioners further allege that the governor acted in her personal interest, disregarding both governance and the rule of law.
In the ongoing case, Governor Kihika, the Nakuru County Government, the National Lands Commission, and the Attorney-General are named as respondents, with Nakuru War Memorial Hospital listed as an interested party.
Justice Patricia Gichohi has scheduled a ruling for May 7 on Kihika’s objection to the court’s jurisdiction.
