The Nairobi Hospital in this picture taken on September 14, 2024.
Director of Criminal Investigations (DCI) Mohamed Amin and Director of Public Prosecutions (DPP) Renson Ingonga have been roped into the Nairobi Hospital wrangles, after a judge directed that they be served with court documents in an ongoing case.
High Court judge Lawrence Mugambi also directed that the Registrar of Companies, the Data Protection Commissioner and the Attorney General be served with the court documents.
Justice Mugambi made the decision following a request by Dr Gathukia Kinyua, a member of the Kenya Hospital Association and a member of the hospital’s admitting staff association.
“Let the cross-petition be served upon the Registrar of Companies, the DCI, DPP and Attorney General by way of physical service within seven days,” Justice Mugambi directed.
The judge directed the case be mentioned on November 25 for further directions.
Dr Kinyua moved to court in July arguing that he was concerned that the wrangles would affect the affairs of the hospital and the quality of services.
He pointed out that an annual general meeting and extraordinary general meeting, which had been called by members, have since been stopped by the court.
Dr Kinyua said he wrote to the management seeking information on June 28, 2024 but got no response.
The information he sought included a list of the current and past officials of KHA, past and present members, copies of rules and regulations of the admitting staff association and list of present and past members of the association, among others.
When no response was forthcoming, he moved to court to compel the management to release the said information to “protect his rights” as a member of the KHA and admitting Staff association.
The board opposed the petition stating that the register sought contained information relating to members and their families and therefore, personal information.
Dr Kinyua said he sought the information as a right under Article 35 of the Constitution and Section 4 of the Access to Information Act, section 96 of the Companies Act.
Legally restricted
The hospital said it has approximately 2,800 members and that it informed Dr Kinyua that it was legally restricted from disclosing information related to the list of present and past members and the details sought, as it contained personal data.
The hospital admitted receiving the letter from Dr Kinyua on July 23, 2024, requesting to inspect the register of the members and get copies under section 96 of the Companies Act.
Further, Dr Kinyua allegedly threatened to lodge a complaint with the DCI against the board, chief executive officer and company secretary.
The hospital said it wrote back to the medic stating that the letter failed to meet the requirements of section 96 of the Companies Act as well as the requirements for accessing members’ personal data under Data protection Act.
The management denied claims that the suit filed in court has affected the quality of services as Nairobi Hospital was a large corporation with specialist officers in each department competent to carry out functions unaffected by any litigation.
In a counter-petition, the hospital now wants the Data Protection Commissioner, registrar of Companies, DCI and DPP to take necessary measures and steps including undertaking or concluding investigations in a timely manner, to ensure that the members’ personal data, is protected and individuals who have caused any breach be prosecuted.
“A permanent injunction be and is hereby issued restraining the respondents in the cross-petition, from impersonating or otherwise falsely pretending to be officers of the cross-petitioner (the hospital) and from calling, texting, emailing or otherwise contacting members of the cross-petitioner using personal data that has been obtained illegally,” Nairobi Hospital said.
