War Memorial woes: Despite eight court orders, hospital still closed

There is a sense of nostalgia and regret among Nakuru residents and former patients of the once-vibrant War Memorial Hospital, now turning into a ghost facility after serving the community for over 50 years.

The stalemate surrounding the hospital’s closure is marked by indifference from the key players, even as patients have died due to the ongoing impasse. The Nakuru County Government has erected a perimeter wall around the facility, denying access to the public.

Confusion prevails among staff, while the private management clings to eight court orders as it resists what it terms an “onslaught” by Governor Susan Kihika’s administration.

On 23 January 2024, the county government shut down the hospital, located in Milimani Estate, claiming ownership of the 25-acre parcel of land on which the facility stands.

That same month, Nakuru lawyer George Kamau lost his father, David Kimani, popularly known as Wamathingira, a former chairman of the Mau Narok Matatu Sacco, who had been admitted to the hospital.

“The closure of the hospital was a blow to us,” said Kamau, recalling how his father was among 17 patients at the facility when the county government moved in.

The family of former Nakuru Mayor Herman Nderi, who died in May 2024, similarly mourns the hospital’s closure. His son, Kelvin Marine, said the hospital had become like a second home due to Nderi’s weekly visits for treatment.

“My father had a kidney condition that worsened after the hospital’s closure. There are very few renal units in Nakuru offering affordable care,” said Marine.

Since its closure, no resident has accessed the hospital despite multiple attempts by the private management and former staff.

The hospital’s management cites eight court orders—seven from the Environment and Land Courts in Nakuru and Nyandarua, and one from the Court of Appeal—that direct the facility’s reopening.

The most recent of these was issued on October 1, 2024, when Appellate Judges Mohamed Warsame, Weldon Korir, and Paul Gachoka ordered the immediate reopening of the hospital under a joint management team.

“The committee will comprise two representatives from the hospital management, two from the county government, and one from the national government,” the judges ruled.

In January 2025, there was renewed hope when the board announced its readiness to reopen by February. Board Chair Roger Joslyn informed Appellate Court Deputy Registrar Lina Akoth that a delay in reopening was due to Sh2.3 million in outstanding utility bills, which the board was prepared to settle.

“The hospital has reopened with a skeleton staff for renovations to ensure it meets standards before resuming public service,” said Joslyn.

Access denied

But the facility remains closed.

By April, Registrar Akoth was informed of a fresh dispute—this time over the extent of the county government’s role in the hospital’s operations. Joslyn alleged that the county had deployed security personnel to seize control, locked key offices, and refused to hand over critical keys.

“The private management has been denied access to vital parts of the hospital. The county government is actively frustrating efforts to reopen the facility,” Joslyn said.

He added that there had been an understanding that the county would withdraw once the hospital was restored to operational standards.

“Nothing in the hospital belongs to the county government, yet it insists on controlling it,” he said.

County Secretary Samuel Mwaura, however, insisted that the Court of Appeal’s directive clearly mandated joint management. He argued that withdrawing county personnel would be a breach of the court’s ruling.

A source within the committee confirmed that the deadlock persists. “We are at a standstill. Both parties have yet to reach an agreement. We’re now waiting for the conclusion of the ongoing court cases,” said the source.

Four court cases remain active.

The first concerns the land dispute, currently before the Environment and Land Court in Nyandarua. During a previous hearing, Judge Charles Mugo urged all parties to prioritise public interest, noting that no other healthcare facility in the South Rift matches War Memorial’s standards.

In the second case, Joslyn and six others—including board members and land officials—are charged with fraud, forgery, and abuse of office. They are accused of illegally renewing the hospital’s lease for an additional 50 years starting April 2021.

The third case, before Registrar Akoth, deals with the implementation of the Court of Appeal’s order, while the fourth was filed by the Law Society of Kenya (LSK) against Governor Kihika.

The LSK alleges that Kihika is unfit to hold public office due to her involvement in the hospital’s forcible closure on 27 October 2023 and again in January 2024. During the raids, patients were discharged and over 300 staff members dismissed.

Despite eight court orders—including six issued between November 2023 and February 2024 by Judges Anthony Ombwayo and Milicent Odeny—none have been honoured.

“We need the rule of law restored. If we stay silent, those eyeing the land for private development will succeed,” warned Masese Kemunche of the Centre for Transformational Leadership (CTL).

“We want transparency regarding the non-implementation of these court orders. Thousands of residents relied on this hospital for critical care,” he said.

Nakuru Senator Tabitha Karanja is among leaders pushing for the hospital’s reopening.