Court suspends DCI probe at Nairobi Hospital as directors granted bail
In her ruling, Justice Diana Kavedza said the police are at liberty to conduct their investigations but are not allowed to charge or arrest the directors until further orders are issued by the courts.
The High Court has issued a temporary order barring the Directorate of Criminal Investigations (DCI) from accessing and removing hospital materials at the Nairobi Hospital.
Issuing the order, Justice john Chigiti said the move is to protect sensitive patient data from the computer and laptops taken from the facility during a search by the sleuths last Friday.
“That leave so granted do act as a stay in respect to proceedings or decision to undertake or continue investigations over all matters listed in the affidavit of Chief Inspector Martin Munene sworn on 20th March 2025,” Chigiti directed.
He also ordered the unfreezing of the 12 bank accounts of the board of directors of the hospital, together with their M-Pesa accounts, which were targeted by the sleuths in the multi-agency probe.
The orders by Justice Chigiti came as the Kibera law courts also freed the 12 directors on Ksh 100,000 cash bail each, barring the police from arresting and charging them.
In her ruling, Justice Diana Kavedza said the police are at liberty to conduct their investigations but are not allowed to charge or arrest the directors until further orders are issued by the court.
Chigiti allowed Gitobu Imanyara, the hospital’s lawyer, to file a petition challenging the warrants obtained by the sleuths, including investigating the affairs of the hospital.
The matter is scheduled for mention on April 7.
In a statement, Nairobi Hospital claimed that during last week’s multi-agency search, sensitive documents with patients’ details were carted away.
It said the officers later returned on Sunday to take additional documents and digital equipment a development that raised a serious concern over the potential compromise of patient confidentiality and a possible breach of the right to privacy.
“This situation raised a serious concern over the potential compromise of patient confidentiality and a possible breach of the right to privacy. It highlights the difficult balance between complying with judicial orders and our ethical and legal responsibility to safeguard personal health information,” the hospital said in the statement.
It said they are committed to upholding the law and protecting the patient’s data as stipulated in the Data Protection Act.
“The Nairobi Hospital is committed to upholding the rule of law while also fiercely protecting the constitutional right to privacy under the Data Protection Act. We are actively engaging with the Office of the Data Protection Commissioner and other relevant authorities to seek clear guidance, accountability, and the swift resolution of any emerging risks to our patients’ data,” the statement added.
