Four senior doctors linked to Nairobi Hospital have protested their continued detention, telling the court that their constitutional rights are being violated after prosecutors failed to present formal charges despite their presence at the courthouse.
The doctors — John Obwaka, Samson Kinyanjui, Valery Gaya, and Chris Bichage — were arrested over the weekend in connection with investigations involving the hospital’s management.
Dr. Obwaka serves as a director at the Kenya Hospital Association, while Kinyanjui is the vice-chairman of the Nairobi Hospital Board. Gaya is a director and Bichage is a former director at the institution.
Lawyers Raise Concerns Over Delays
Appearing before the court, the doctors’ legal team — comprising Danstan Omari, Nelson Havi, and Charles Kanjama — complained that the Office of the Director of Public Prosecutions had yet to process and present a charge sheet.
According to the lawyers, the doctors had already been brought to court but prosecutors were still preparing the documentation needed to formally charge them.
“Bring them to court, the doctors are within the court premises,” Omari told the court, urging the prosecution to proceed without further delay.
The defence argued that the delay had created confusion and uncertainty, particularly since the accused persons had already been presented within the court’s jurisdiction.
Rights Concerns Raised
The lawyers further argued that the continued detention of the doctors while they were already within the court premises amounted to a violation of their constitutional rights.
They cited the constitutional requirement that a person who has been arrested must be brought before a court within 48 hours.
“The moment someone is arrested, they must be brought before a court within 48 hours. Once they are within the court’s jurisdiction, the court has the power to give directions,” the defence team submitted.
The lawyers also emphasized that two of the accused doctors are elderly and should be treated with dignity while the legal process unfolds.
Defence Seeks Court Direction
The defence team urged the court to issue directions allowing the doctors either to remain within the court precincts or to be temporarily released and return once the prosecution is ready to proceed with the charges.
They warned that continued delays without clear direction could unfairly shift blame onto the court despite the issue arising from the prosecution’s inability to present the case promptly.
Health Concerns Raised
During the proceedings, the lawyers also informed the court that Dr. John Obwaka required urgent medical attention.
They told the magistrate that an ambulance had already been placed on standby to assist him if necessary.
Court Adjourns Briefly
Following the submissions from the defence team, Teresiah Nyangena, the presiding magistrate, directed that the matter be mentioned again in one hour to allow the prosecution time to finalize the charge sheet.
The case has attracted public attention given the senior roles the accused doctors hold within the management of Nairobi Hospital, one of Kenya’s leading private medical institutions.
