The High Court has intervened in the ongoing power struggle at Nairobi Hospital, issuing conservatory orders that shield several directors and top officials from arrest and prosecution. This legal reprieve pauses all state-led criminal actions related to the facility’s governance and management until the court hears a formal petition challenging those actions.
Justice Bahati Mwamuye delivered the decisive ruling, which specifically restrains state agencies from pursuing the petitioners over matters tied to the hospital’s internal administration.
“A conservatory order be and is hereby issued 1st, 2nd, and 3rd Respondents from summoning, arresting, detaining, charging, prosecuting, or continuing the prosecution of any of the 1st -6th Petitioners/Applicants with regard to any matter touching on the governance, management, or affairs of the 7th Petitioner,” Justice Mwamuye ruled.
Protecting Operational Stability
Beyond the immediate legal protection for individuals, the court’s decision also freezes any attempts to overhaul the hospital’s leadership or operational framework. By maintaining the status quo, the ruling ensures the current board and administration remain in place while the legal process unfolds, preventing sudden shifts in the institution’s membership or directorship.
The ruling stated:
“A conservatory order be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, agents, related entities, or any person acting under their authority, direction or control, from taking any action that would change the status of the 7th Respondent’s directorship, membership, administration, or status.”
These safeguards will remain active until April 10, 2026, unless the court chooses to modify or vacate them. As part of the court’s directives, the petitioners must serve the respondents with the order and file an affidavit of service. A previously scheduled interlocutory hearing remains on the calendar for April 9, 2026.
This high-stakes intervention comes at a critical time. Several senior officials currently face charges involving alleged irregularities in management and registration processes. These allegations range from procuring registration through false pretenses to failing to file financial statements and member registers with the Registrar of Companies. All officials involved have maintained their innocence, pleading not guilty to the charges.
Criminal Proceedings Hit a Standstill
The impact of the High Court’s decision became clear on Tuesday, March 31, 2026, during a mention before Principal Magistrate Teresiah Nyangena. Defense counsel informed the magistrate that the superior court’s stay orders effectively halted the criminal case.
Legal representatives noted that the record could not progress until the parties complied with the High Court’s directives.
“The purpose of today’s mention was for trial directions, but we can come back any day after April 10 when we have directions from the High Court,” the court was told.
Following this update, Magistrate Nyangena pushed the matter to April 14, 2026. This upcoming session will serve to confirm the status of the High Court orders and chart the path forward for this complex legal dispute over the future and governance of one of Kenya’s premier medical institutions.
