Court orders Kihika out of War Memorial Hospital land

The Nakuru County Government has suffered a major legal setback after the Environment and Land Court ordered it to vacate the 25-acre Nakuru War Memorial Hospital property in Milimani Estate, declaring that the land belongs to Nakuru War Memorial Hospital Limited.

In a ruling delivered by Justice Mugo Kamau, the court dismissed the county’s bid to cancel the hospital’s lease title, affirmed the legality of a 50-year lease extension and issued an injunction barring the administration of Governor Susan Kihika from entering, remaining on or undertaking activities on the disputed property.

The judge ordered the county to withdraw its security officers from the land, allowing the hospital’s management to resume control of the property, which the county took over and shut down on January 23, 2024.

“Whatever is in the land belongs to War Memorial. I understand that there was an arrangement with Annex for the benefit of the public, the same can only continue if War Memorial Hospital management allows,” Justice Kamau ruled.

He further directed: “An injunction is issued restraining the county government of Nakuru from further dealing, entering remaining and carrying out any activity on the War Memorial land.”

The ruling brings a significant development in a protracted dispute over the ownership and lease of the prime property, which hosts not only the private hospital but also Nakuru Level V Hospital Annex, commonly known as the Provincial General Hospital (PGH), and a public helipad.

While affirming the private company’s ownership, the judge allowed the public hospital’s presence on the land to continue only with the permission of War Memorial Hospital management.

County faulted over takeover

The dispute arose after the county government challenged the validity of the hospital’s lease renewal, alleging that the 50-year extension had been irregularly secured.

The lease was extended for a further 50 years effective April 1, 2021, as the previous term approached expiry. The county subsequently sought cancellation of the title, arguing that it had been issued unlawfully.

But Justice Kamau found that the hospital had demonstrated the lease extension was legally obtained and that it had legitimate grounds to seek renewal after serving Nakuru residents for more than a century.

“No opposition was raised by the county government before the lease was renewed and any opposition were made a year after the lease was legally renewed,” the judge ruled.

The court faulted the county for failing to challenge the renewal through appropriate legal channels before taking control of the facility.

According to the ruling, rather than moving to court to seek cancellation of the lease, the county flexed its muscles, invaded the hospital and closed it in January 2024.

The judge also noted that the county failed to produce evidence challenging the validity of the lease or substantiating its position as custodian of the land.

Registrar faulted over lease cancellation

The ruling also examined the role of former Nakuru Land Registrar Eric Nyamu, who cancelled the hospital’s lease title amid the dispute.

In earlier proceedings, Nyamu told the court in January 2026 that he had cancelled the title because the property had an existing bank charge.

The Attorney General’s office defended his actions, with Senior State Counsel Prisca Adomeyon arguing that the registrar had acted in good faith despite the alleged irregularities surrounding the lease renewal.

However, Justice Kamau faulted the registrar for allegedly bowing to pressure and de-gazetting the lease without authority.

The court noted that the county government wrote to the registrar seeking de-gazettement of the lease, which was subsequently done in May 2023 without the hospital’s knowledge.

The judge observed that the county relied on the gazette notice before its officials moved onto the premises and took control.

Closure leaves workers, patients stranded

The hospital was shut down on January 23, 2024, in a move that disrupted healthcare services at a facility that had served Nakuru residents for generations.

According to the court report, more than 300 employees lost their jobs following the closure, while some patients reportedly lost their lives during the forced eviction. The shutdown also affected the wider healthcare system, given the hospital’s role alongside other providers in the county.

The court noted that eight orders directing the hospital’s reopening had been disobeyed, underscoring the prolonged nature of the dispute and the challenges faced by the facility’s management in regaining control.

The latest injunction bars the county from further interference with the property and places the management of the land back in the hands of War Memorial Hospital Limited.

Pain in the hands of Governor Kihika: How patients were violently forced out following raid at Nakuru War Memorial Hospital

Patients receiving treatment at Nakuru War Memorial Hospital were forcibly removed, transferred to other facilities or discharged amid chaos during a bitter land dispute between the private hospital’s management and the Nakuru County Government.

The confrontations disrupted medical operations at the facility, with even patients requiring critical care, including dialysis, reportedly caught up in the takeover that left families scrambling to find alternative treatment.

The first major raid occurred on October 27, 2023, when county officials took control of the hospital, claiming that its 99-year land lease had expired and that documents supporting its continued occupation were forged.

The takeover interrupted services as patients were discharged or transferred elsewhere amid uncertainty over the hospital’s future.

Although the private management briefly regained control following court interventions, the reprieve was short-lived.

At around 3am on January 23, 2024, county enforcement officers, accompanied by police, re-entered the facility in another operation that resulted in patients being ordered to leave and hospital operations being disrupted.

Patients and their relatives were left facing the difficult task of securing alternative medical care, while the closure affected a facility that had served Nakuru residents for generations.

Reports surrounding the takeover also raised concerns over damage to equipment and the closure of access gates, further complicating efforts to maintain treatment for those who depended on the hospital.

The dispute centred on ownership of the 25-acre property in Milimani Estate and the legality of a 50-year lease extension secured by Nakuru War Memorial Hospital Limited.

The county government challenged the renewal, arguing that the lease had been irregularly obtained, while the hospital’s management maintained that it was the rightful owner of the land.

The matter triggered prolonged litigation, with the Environment and Land Court issuing orders against county interference.

In its latest ruling, the court affirmed the hospital company’s rights over the property and ordered the county government to vacate, withdraw its security officers and stop further interference.

The prolonged closure has disrupted healthcare services and livelihoods, leaving the hospital’s future operations dependent on implementation of the court orders and arrangements for resuming services.