The High Court has suspended any further investigations into
the affairs of the Nairobi Hospital.
Justice John Chigiti also halted a move by the investigative
agencies to block or freeze the phone numbers and bank accounts belonging to the
hospital's senior Management.
Last week, Attorney General Dorcas Oduor secured court
orders authorizing detectives to seize a range of documents and electronic
devices from the hospital.
The search warrant issued to Chief Inspector Martin Munene
granted investigators permission to search the offices of senior Management at
Nairobi Hospital and Kenya Hospital Association (KHA) and cart away evidence
necessary for their probe.
It also authorized an investigation into the company's records
held by both organizations.
But in a fresh application filed before the Judicial Review
division, KHA through advocate Gitobu Imanyara told Justice Chigiti that the
actions of the DCI, IG and AG are allegedly unlawful.
The association
argued that "the probe is not an honest endeavour at enforcement of
criminal law as there are ongoing disputes on leadership between various
members of the hospital's community".
Gitobu told the judge that the investigations were unlawful
and bore harassment of the senior managers aimed at intimidating them to forego
their positions.
The court heard that the items and electronic equipment that
have been confiscated also contain patient information.
The association said another reason why the probe is
unlawful is because they are in breach of the health act 2017 as well as patients’
privacy and confidentiality.
Gitobu contended that some of the information sought, and documents
that were cut away also contain confidential Advocate-client protected
information and conversations.
"There is an urgent need to safeguard patient
information which is at risk of being divulged by the challenged
investigations," remarked Gitobu.
Chigiti in suspending any further enforcement of the search
warrant certified the matter as urgent and directed necessary documents be
filed and exchanged ahead of the mentioned date on April 7.
Following the court orders, the Nairobi Hospital issued a
statement confirming that they are actively engaging with the office of the
Data Protection Commissioner and other relevant authorities to seek clear
guidance, accountability and swift resolution of any emerging risks to their patients’
data.
"As a law-abiding institution, 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," read part
of their statement.
And at the Kibera High Court, the Chief executive officer of
KHA Dr. Felix Osano and eleven others were each granted an anticipatory bail of
Sh100,000.
Dr Osano and the other hospital senior managers filed the application after being summoned by the DCI to record statements in connection with the probe, which has now been suspended by Justice Chigiti.
Through advocate Danstan Omari, they told the judge that
they face ongoing intimidation and imminent arrest arising from a dispute
concerning their membership on the board of directors at the Kenya Hospital Association.
They argued that the
matter is of civil nature and is still pending determination in various courts.
The judge in granting them anticipatory bail said she was
satisfied that "unless the orders are granted, their rights to liberty
under article 29 of the constitution will be compromised”.
