The High Court has issued a temporary order stopping the enforcement of a previous court order that allowed officers from the Directorate of Criminal Investigations (DCI) to access Nairobi Hospital.
The decision comes days after a multi-agency team, comprising the DCI, the Assets Recovery Agency (ARA), and the Kenya Revenue Authority (KRA), raided the hospital and seized documents.
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Authorities said they were investigating allegations of abuse of office, conspiracy to commit crimes and money laundering.
Judge John Chigiti blocked the DCI probe from continuing, which started with a raid at the hospital on Friday, March 21.
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Nairobi Hospital had moved to court seeking an order after raising serious concerns about the potential compromise of patient confidentiality and a possible breach of the right to privacy.
Win for Nairobi Hospital as Court Halts DCI Probe
According to the hospital, the multi-agency team from the DCI returned on March 23 to remove additional documents and digital equipment, including computers, laptops, and other ICT accessories containing sensitive patient data.
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“That leave so granted do act as a stay in respect of 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,” the court order stated.
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At the same time, Justice Chigiti allowed the hospital’s lawyer, Gitobu Imanyara, to file a petition challenging the warrants obtained by the DCI and the investigations into the affairs of the facility.
The court also directed the police to unfreeze the bank accounts and M-Pesa accounts of the 12 board members of the hospital, who were targeted in the probe.
Justice Chigiti directed the case to be mentioned on April 7.
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Court Grants Hospital Board Ksh100K Anticipatory Bail
At the same time, a judge in Kibera granted the 12 board members anticipatory bail of Ksh 100,000 each, preventing the police from arresting and charging them.
“For the avoidance of doubt, the respondents (the police) are at liberty to investigate or charge the applicants for any criminal conduct. However, they shall not arrest or detain the Applicants in view of the order above or until further orders of the court,” Justice Diana Kavedza said.
In a statement on Tuesday, March 25, Nairobi Hospital noted that the move highlights the difficult balance between complying with judicial orders and its ethical and legal responsibility to safeguard personal health information.
“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,” the hospital noted.
“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.”
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