Eleven directors of Nairobi Hospital have been granted anticipatory bail of Ksh.100,000 each by the High Court, shielding them from immediate arrest or detention.
The directors moved to court seeking protection from arrest or prosecution, stating they were willing to cooperate with authorities and present themselves with their lawyers whenever required by the police or the Director of Public Prosecutions (DPP) to record statements.
“The applicants are justifiably perturbed by the consistent threats emanating from government operatives,” they argued in their petition.
In her ruling, Judge Diana Kavenza found merit in their arguments and issued the protective orders.
“I am only required to be satisfied, which I am, that unless the orders sought are granted, the applicants’ right to liberty under Article 29 of the Constitution will be compromised,” the ruling stated.
The court further directed that should a decision to charge them be made, the respondents must not arrest or detain the directors but instead inform them of the court where they are to appear for plea taking.
“Order (iv) shall remain in force until plea has been taken and the trial court has set new bail or bond terms, in which case the orders of this court shall lapse,” the court noted.
Through their lawyers, Danstan Omari and Shadrack Wambui, the directors argued that the summons and anticipated arrest were solely based on their association with the hospital board.
They maintained that they are law-abiding citizens and alleged that the respondents, in exercising their powers of arrest, had engaged in harassment, intimidation, and coercion, forcing them to act contrary to the mandate and constitution of the Kenya Hospital Association Limited.
They further asserted that such actions lacked justifiable cause and infringed upon their fundamental rights.
