In an urgent application lodged yesterday at the Constitution and Human Rights Division in Milimani High Court, Omtatah alongside Activists Bernard Muchiri Muchere and Naomi Nyakerario Misati are demanding immediate court intervention to prevent what they describe as an “irreversible governance catastrophe”

Omtatah has accused the hospital’s leadership led by its board chairperson Prof. Herman Manyora, CEO  Felix Osano and other officials  listed as respondents in the case of presiding over what they term “systemic mismanagement” that has pushed the institution to the brink of operational collapse.

The trio argue that allowing the AGM to proceed onFebruary 6, 2026, would be a travesty of justice given the contested legitimacy of the membership register that determines voting rights at the meeting.

“Once the AGM is held, irreversible governance actions will be undertaken, including elections, ratifications, and resolutions, which will fundamentally alter the governance structure of the Kenya Hospital Association and render the substantive Petition nugatory,” the petitioners warn in their certificate of urgency.

At the center of the petition are serious allegations of financial meltdown at the 70-year-old institution, including the mysterious disappearance of approximately Sh 9.1 billion in accumulated depreciation funds.

“Only Sh 572 million is traceable in cash equivalents,” the court papers states, petitioners raising serious questions about the whereabouts of billions meant for asset replacement and institutional sustainability.

The petition paints a grim picture of an institution in financial freefall, with audited losses exceeding Sh 3 billion and a staggering Sh 2 billion deficit recorded in 2024 alone despite the hospital generating revenues of Sh12.86 billion that year.

Supplier arrears have reportedly ballooned past Sh 4 billion, threatening the hospital’s operational capacity and its ability to deliver critical healthcare services.

“We are concerned that The Nairobi Hospital is facing an imminent institutional collapse driven by severe governance failures, financial mismanagement, and leadership conflicts,” Senator Omtatah states in the supporting affidavit.

The petitioners also flag unexplained spikes in legal and professional expenses, which jumped by Sh 290 million to reach Sh 680 million in a single year, alongside irregularities in debt collection.

Beyond the financial crisis, the court papers reveal an alleged governance paralysis characterized by factional board infighting that has sidelined critical oversight committees including the Medical Advisory Committee, potentially compromising patient safety and clinical standards.

In what the petitioners describe as a scheme to manipulate institutional control, they allege that 333 individuals were irregularly enrolled into the KHA membership register through a single bulk payment of Sh 5 million by one person identified as Anne Bosibori Omari.

“This was purportedly to manipulate control of the institution and bypass proper vetting processes,” the petition alleges, describing the scheme as a deliberate attempt to pack the membership roll and influence the upcoming AGM.

The activists argue such financial inducement into membership violates constitutional principles and renders any decisions taken at the contested AGM fundamentally tainted and illegitimate.

Senator Omtatah and his co-petitioners contend that The Nairobi Hospital is not an ordinary private entity but rather a public trust institution sitting on 21.8 acres of prime public land granted by the colonial government in 1952 specifically for healthcare delivery.

“The hospital occupies public land under strict conditions including nominal annual rent and a ‘public purpose’ clause that permits government reclamation without full compensation in cases of misuse,” the petition states.

The petitioners alleges that governance has been “captured through factional board infighting that has paralyzed decision-making” and sidelined essential oversight mechanisms including the Medical Advisory Committee, raising grave concerns about clinical standards and patient safety.

“Governance has allegedly been captured through factional board infighting that has paralyzed decision-making, sidelined essential committees including the Medical Advisory Committee, raising risks to clinical standards and patient safety,” the activists state.

The case also accuses multiple state agencies for their alleged failure to act despite credible evidence of wrongdoing and existing court orders.

The 25 respondents named include the Kenya Hospital Association, its Board of Management, individual directors, and government entities including the Director of Criminal Investigations, Ethics and Anti-Corruption Commission, National Land Commission, Attorney General, Asset Recovery Authority, Director of Public Prosecutions, and Kenya Revenue Authority.

“Despite the formation of a Multi-Agency Team to investigate, bodies such as the Directorate of Criminal Investigations, Ethics and Anti-Corruption Commission, and others have allowed probes to go cold or stall, even after prior court directions,” teh activist states,

Senator Omtatah and his team are seeking sweeping court orders including an immediate injunction stopping Thursday’s AGM, expunging the 333 allegedly irregular members from the register, freezing any sale or transfer of hospital land, and compelling state agencies to conduct comprehensive forensic audits covering the past decade.

“We seek orders compelling state agencies to urgently investigate, conduct forensic audits including a 10-year review, preserve assets, and report back within specified timelines such as 45 or 60 days,” the petition states.

The activists also want the court to declare The Nairobi Hospital a public trust institution subject to heightened constitutional scrutiny and accountability standards.

“We warn that unchecked failure would erode public confidence, compromise healthcare access, and undermine Kenya’s standing as a medical leader in the region,” Senator Omtatah warns in the court documents.

The case is pending directions and hearing.

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Justice Bahati Mwamuye barred the Government of Kenya from transferring or sharing any medical or sensitive health data of Kenyans with President Donald Trump led-government  pending the hearing of a petition filed by the Consumers Federation of Kenya (COFEK) challenging the safety and legality of the deal.

“Pending the inter-partes hearing and determination of the applicant’s Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents…from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America on or about December 4, 2025, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” Justice Mwamuye ordered.

The petition, filed by COFEK through lawyerTali Tali contends that the Sh 208 billion agreement, executed on December 4, 2025, threatens the privacy of millions of Kenyans and violates constitutional and statutory safeguards.

The Framework requires Kenya to share extensive medical data, including information on HIV/AIDS, tuberculosis, malaria, maternal and child health, and disease surveillance, forming part of the country’s strategic health-security infrastructure.

COFEK argues that the deal was executed without proper parliamentary oversight and lacked public participation, contrary to constitutional principles of transparency, accountability, and integrity under Article 10.

“Despite its significant implications, the Framework was not subjected to the constitutional principles of good governance… The process was therefore opaque and constitutionally improper,” the petition states.

The petitioners further warned that once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible.

“Neither this Honourable Court nor Kenyan regulators will have the power to recall, restrict or oversee the foreign use of such data. This exposes citizens to lasting privacy violations, stigma and potential misuse of their information,” the lobby group adds.

Justice Mwamuye ordered COFEK to serve the Cabinet Secretary of the Ministry of Foreign Affairs, the Cabinet Secretary of the Ministry of Health, the Digital Health Agency, the Office of the Data Protection Commissioner, the National Assembly of Kenya, the Senate, and the Attorney General with the pleadings by December 17, 2025.

The government has been ordered to file their responses by January 16, 2026.

The case will be mentioned on February 12, 2026 before Justice Lawrence Mugambi to confirm compliance and provide directions on an expedited hearing.

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Delivering the ruling in the case Justice Bahati Mwamuye granted the orders sought by the petitioners restraining four individuals from taking oath or performing any functions as chairperson or members of the MCK Board.

The petitioners, Issa Elanyi Chemao and two others,had filed an application dated August 4, 2025, seeking conservatory orders to stop the appointments made through Kenya Gazette Notices No. 10091 and 10092 of July 25, 2025.

In his detailed ruling, Justice Mwamuye found that while the initial ex parte orders issued on August 5, 2025, were improperly obtained due to “material non-disclosure”, the petitioners nonetheless met the legal threshold for the issuance of conservatory orders after a full inter partes hearing.

“Having carefully considered the pleadings, affidavits, and submissions of all parties, I am persuaded that the petitioners have demonstrated a prima facie case with a likelihood of success,” Justice Mwamuye stated.

“Accordingly, conservatory orders are hereby issued staying further implementation of the impugned gazette notices.”

The orders effectively restrain Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi from assuming office, taking oath, or performing any functions as chairperson and members of the Media Council of Kenya until January 22, 2026, unless the orders are extended by the court.

“The conservatory orders issued shall lapse on January 22, 2026, unless otherwise extended,” the judge ruled.

On the issue of costs, the court allowed the Notice of Motion dated August 7, 2025, filed by the 1st and 3rd Respondents — the Cabinet Secretary for ICT and another respondent, who had sought to set aside the ex parte conservatory orders of August 5.

Justice Mwamuye found merit in the application to that extent.

“The ex parte orders are hereby set aside, and costs assessed at KSh150,000 are awarded to the 1st and 3rd Respondents, payable by the Petitioners within 45 days,” the judge directed.

However, Justice Mwamuye made no order as to costs regarding the petitioners’ substantive application dated August 4, noting that the matter raised important constitutional questions that warrant full hearing.

The court further issued a case management timetable, directing all parties to exchange submissions ahead of the scheduled judgement early next year.

“The petitioners shall file and serve any further affidavit and written submissions by October 31, 2025,” the judge directed.

“The respondents and interested parties shall file their submissions by November 21, 2025, and any rebuttal submissions, if necessary, shall be filed by December 10, 2025.”

The matter will then proceed for highlighting of submissions on December 15, 2025, with judgement scheduled for January 22, 2026, both sessions to be conducted virtually at 10:30 a.m.

The case challenges the legality and transparency of the recent appointments to the Media Council of Kenya Board, arguing that the process allegedly contravened constitutional and statutory requirements.

The respondents, represented by State Counsel from the Office of the Attorney General, had opposed the petition, arguing that due process was followed in the appointments and that the applicants had not demonstrated a violation of the Constitution.

The interim orders now halt any action relating to the swearing-in or official commencement of duties by the contested board members, pending final determination of the petition early next year.

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