Nairobi Hospital directors walk free as DPP abruptly drops case

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NAIROBI, Kenya — A case against several directors of Nairobi Hospital has been dropped after state prosecutors withdrew all charges at the Milimani Law Courts.

The Office of the Director of Public Prosecutions (ODPP) told the court it would no longer pursue the matter, leading to the immediate release of the accused directors.

Embakasi East MP Babu Owino, who was part of the defence team, said the outcome cleared his clients of wrongdoing.

“The Office of the Director of Public Prosecutions withdrew all charges, and my clients walked free, where they rightfully belong,” he said.

What the case was about

The case stemmed from ongoing disputes surrounding the management and leadership of Nairobi Hospital, one of Kenya’s leading private health institutions.

In recent months, the hospital has been at the centre of internal wrangles involving its board of directors, with disagreements over governance spilling into court.

Some of these disputes led to criminal charges being filed against certain directors, although details of the accusations were not fully tested in court.

Why the charges were withdrawn

In court, prosecutors exercised their legal powers to withdraw the case before it could proceed to full hearing.

Under Kenyan law, this means the prosecution can stop a case if it believes: 

• there is insufficient evidence, or
• the matter is better handled outside the criminal justice system.

When this happens, the accused persons are discharged, meaning they are free to go, but the case is not permanently closed and can be brought back if new evidence emerges.

What it means for the directors

With the charges withdrawn, the directors are no longer facing criminal proceedings for now.

However, the broader disputes over the management of Nairobi Hospital are likely to continue, possibly through civil cases or internal processes.

High-profile defence team

The directors were represented by a team of senior lawyers, including Senior Counsel James Orengo, LSK President Charles Kanjama, and Nelson Havi, among others.