Premium
Susan Kihika fights LSK bid to remove her from office
Nakuru Governor Susan Kihika.
What you need to know:
Nakuru Governor Susan Kihika is fighting a lawsuit by the Law Society of Kenya (LSK) seeking her removal from office over her alleged illegal takeover of Nakuru War Memorial Hospital.
The LSK accuses Kihika of defying court orders, causing disruptions that led to the deaths of patients and violating rights in contravention of Chapter Six of the Constitution.
Nakuru Governor Susan Kihika is fighting a legal battle to keep her seat following a lawsuit seeking her removal from office over alleged misconduct in the controversial takeover of Nakuru War Memorial Hospital.
The Law Society of Kenya (LSK) has petitioned the High Court to declare Ms Kihika unfit to hold office, accusing her of illegally seizing the hospital in October and disregarding court orders.
LSK argues that the takeover was unconstitutional and led to severe consequences, including the loss of lives and trauma for patients receiving treatment at the facility.
But on Monday, Ms Kihika asked the court to dismiss the case, arguing that it lacked jurisdiction.
In her response, she claims that the issues raised in the suit, specifically land ownership and alleged trespass, fall under the mandate of the Environment and Lands Court.
She also pointed out that a related case is already pending before the Nyandarua Environment and Lands Court and therefore the High Court should not interfere with proceedings before a court of equal jurisdiction.
“It follows that the subject matter ought to be determined by the Environment and Lands Court as it involves issues of trespass and land ownership,” Ms Kihika stated in her submissions.
Alternatively, the LSK has asked the court to suspend the proceedings until the Nyandarua case is concluded to prevent abuse of the legal process.
The lawsuit filed on April 15, 2024 alleges that the governor and her agents forcefully took over the management of the hospital causing disruptions that led to tragic consequences.
The petitioners claim that four critically ill patients died as a result of the chaos while three others who were awaiting admission were turned away after their medical files disappeared.
Additionally, the scheduled surgeries of six patients were suddenly suspended.
The lobby group further contends that the governor's actions violated the rights of patients, staff and the general public by undermining their dignity, equity and social justice.
This, they argue, contravenes Chapter Six of the Constitution on leadership and
integrity.
According to the petition, two judges from the Environment and Lands Court recused themselves from hearing the case due to Ms Kihika’s alleged blatant defiance of court orders.
The petition also claims that the governor acted in her own self-interest rather than in the public good, demonstrating a disregard for governance and the rule of law.
Ms Kihika, the Nakuru County Government, the National Lands Commission and the Attorney-General are listed as respondents in the case while Nakuru War Memorial Hospital is an interested party.
On Monday when the matter came up for mention, Justice Patricia Gichohi scheduled May 7 for a ruling on Governor Kihika’s objection regarding the court’s jurisdiction.