The High Court has granted anticipatory bail of Sh100,000 each to twelve Nairobi Hospital directors, shielding them from arrest and detention pending investigations.
However, Judge Diana Kavedza has allowed the DCI and DPP to investigate and prosecute the board of directors, led by Chairman Dr. Felix Osano, Dr. Chris Bichage, Dr. Samson Kinyanjui, and eight others, over allegations of financial mismanagement and money laundering
“The applicants are each admitted to anticipatory bail in the amount of Sh100,000, to be deposited in court. For the avoidance of doubt, the respondents (IG, DCI, and DPP) are at liberty to investigate or charge the applicants for any criminal conduct,” Judge Kavedza ordered.
“However, they shall not arrest or detain the applicants in view of this order, until further orders of the court.”
The judge also order the advocates of all twelve board of directors under investigations to escort their clients to the offices of DCI for questioning and/or interrogation as and when required, provided that they are given sufficient notice.
Furthermore, Judge Kavedza directed, “Upon the conclusion of investigations, and if a decision to charge the applicants has been made, the respondents shall not arrest or detain the applicants but they shall be informed of the court where they are to appear for plea taking.”
The court emphasized that “the above Order shall remain in force until plea has been taken and the trial court has set new bail/bond terms, in which case, the orders of this court shall lapse.”
The ruling followed a request from the board of directors, who urged the court to grant anticipatory bail in light of ongoing investigations into their leadership of the hospital.
The directors, led by Dr. Osano, Dr. Bichage, Dr. Kinyanjui, and eight other board members, maintained that they had not committed any offense in Kenya or elsewhere.
They informed the court that they had been summoned by the DCI for questioning and that search warrants had been issued by the Chief Magistrates’ Court on March 21, 2025.
The board expressed concern that compliance with the summons could result in unlawful arrest and detention.
In their application, the directors neither objected to the search warrants nor demonstrated an intention to defy them.
Instead, they argued that the summons and potential arrests were directly linked to their roles within the hospital’s board.
They asserted, “The Respondents, in the exercise of their powers of arrest, have engaged in conduct that amounts to harassment, intimidation, and coercion, compelling them to act contrary to the mandate and constitution of the Kenya Hospital Association Limited.”
Dr. Osano, in his affidavit, further stressed that such actions “lack justifiable cause and infringe upon their fundamental rights.”
Despite these concerns, the directors emphasized their willingness to cooperate with any lawful and fair legal process.
They stated, “The board of directors affirm their willingness to cooperate with any lawful and fair legal process that upholds their constitutional rights,” expressing their readiness to appear before the DCI for questioning or assisting with the investigation as long as their rights and freedoms were safeguarded.
The search warrant obtained by the DCI, led by Chief Inspector Martin Munene, authorizes the police to seize a wide range of items, including “original/copies of documents, all computers, laptops, iPads, tablets, all digital devices, databases, cloud storage systems, and equipment” suspected of containing information related to the alleged crimes.
The warrant specifies that the authorities are seeking several categories of documents, including but not limited to, “financial statements prepared by the Kenya Hospital Association Limited and/or The Nairobi Hospital from 2015 to date,” “memorandum & articles of association for Kenya Hospital Association Limited,” and “details of current and past directors of Kenya Hospital Association Limited.”
The DCI is also looking for documents related to the “construction works and development projects undertaken by Kenya Hospital Association Limited and/or The Nairobi Hospital from 2015 to date,” as well as “particulars of legal fees, invoices and other payments made by Kenya Hospital Association Limited and/or The Nairobi Hospital to all law firms that have acted for Kenya Hospital Association Limited and/or The Nairobi Hospital in the litigation aforesaid.”
