The arbitrary arrest and detention of five board members of the Nairobi Hospital have raised concerns about whether the arrest followed the law.
The arrest took place during the weekend, and the board members were taken into custody. Families and doctors who worked with the detainees are now questioning the police act.
Family members of one of the detainees, Dr. Job Obwaka, have, however, stated that the has been no mistreatment or harm done to Obwaka.
Obwaka is a renowned senior obstetrician and gynecologist at the Nairobi Hospital.
“The police at Muthaiga police station have been very courteous, they’ve been very humane with us. They’ve allowed us to see him and have gotten him something to eat and something to drink. He’s in good spirits, he’s not harmed, and he’s just holding on strong,” Dr. Chris Obwaka, son of Dr. Obwaka, told the media.
The Five Arrested Board Members of Nairobi Hospital
Along with Dr. Job Obwaka, who was not a board member, four others were arrested and taken into custody at Muthaiga Police Station.
This included Samson Kinyanjui, the vice Chairman of the Nairobi Hospital board; Dr. Chris Bichage, a former board chairman; Valary Gaya, a board member; and Professor John Mwero, a board member.
The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) Secretary General, Dr. Davji Atella, condemned the arrest and the denial of bail to the officials in custody.
Dr. Atella stated that the refusal to grant bail is an order issued by higher authorities.
“When you go to the OCS, they’re saying that there’s a power from above, from the Directorate of Criminal Investigations (DCI),” Atella said.
Additionally, the KMPDU mentioned that the union had tried to intervene in the matter without success to secure the officials’ release from detention.
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He insisted that the act of arresting doctors from their workplace in broad daylight showed that no doctor was safe in any facility.
Dr. Chris Obwaka further explained that the arrest was more like an abduction since it did not follow protocols.
Arresting officers allegedly failed to identify themselves, lacked an arrest warrant, and did not read the charges or explain the reasons for the arrest.
Chris Obwa also made it clear that a person arrested had the right to be granted bail.
Parties Seeking Release of the Five Detained Nairobi Hospital Officials
Apart from the KMPDU and the family members of the arrested officials, former deputy president Rigathi Gachagua and Orange Democratic Movement (ODM) Secretary General Edwin Sifuna have called for the release of the five.
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Gachagua has alleged that the detention of the five is to force them into resigning and clear the way for a state-backed takeover of the hospital.
KMPDU has also issued an ultimatum that failure to release the five will result in a shutdown of all private clinics across the country.
The five are expected to appear at the Milimani Law Court.
According to section 320 of the Penal Code, any person who willfully procures or attempts to procure for himself or any other person any registration, licence, or certificate under any law by any false pretence is guilty of a misdemeanor and is liable to imprisonment for one year.
