Nairobi — The High Court has temporarily suspended further investigations into the affairs of The Nairobi Hospital, halting efforts by investigative agencies to access sensitive data, freeze bank accounts, and block phone numbers belonging to the hospital's senior management.
In directions issued by Justice John Chigiti on Monday, the court barred authorities -- including the Directorate of Criminal Investigations (DCI) -- from proceeding with the probe pending a judicial review of the case.
"Application dated 24.3.25 is hereby certified as urgent. Leave is hereby granted. The substantive application shall be filed and served within three days of today's date," he directed.
The decision follows a legal challenge by the Kenya Hospital Association (KHA), which claimed that the investigation was politically motivated and intended to intimidate senior officials amid internal leadership disputes.
"The probe is not an honest enforcement of criminal law but rather a tool for harassment, aimed at forcing certain individuals to relinquish their positions," said Gitobu Imanyara, the lawyer representing KHA.
The hospital further argued that documents and electronic devices seized by detectives contained confidential patient records, raising serious concerns over privacy breaches.
The association maintained that the investigation violated the Health Act 2017 and the Data Protection Act, both of which protect patient information from unauthorized access.
Seizures
The investigation into Nairobi Hospital was initially sanctioned when Attorney General Dorcas Oduor secured court orders allowing detectives to seize documents and electronic devices from the hospital's offices.
A search warrant issued to Chief Inspector Martin Munene authorized the DCI to investigate company records held by both the hospital and KHA.
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However, in a fresh application, Nairobi Hospital sought urgent legal protection, warning that patient confidentiality was at risk.
In response, the High Court suspended the enforcement of the earlier search order and set a hearing for April 7, 2025, to determine the way forward.
Following the court's ruling, Nairobi Hospital reaffirmed its commitment to complying with the law while safeguarding patients' privacy.
"We are actively engaging with the Office of the Data Protection Commissioner and other relevant authorities to ensure that our patients' data remains protected," the hospital said in a statement on Tuesday.
With the legal battle now set to play out in court, the case highlights the delicate balance between law enforcement investigations and the protection of sensitive medical data.
The upcoming court proceedings will determine whether investigators can proceed with their probe or if the hospital's concerns over patient confidentiality and data protection will prevail.
