War Memorial Hospital directors concerned over delays in hearing fraud case

Directors of the Nakuru War Memorial Hospital on Wednesday raised concerns over repeated delays in the hearing of a land fraud case against them, claiming the trials are being intentionally stalled.

Dr. Simon Mwangi, Roger Joselyn, and Malcolm Bell, who are charged alongside Nyandarua Speaker Steve Waiganjo, Kipkemboi Marindich, and land administrators’ directors Peter Nzuki and Stephen Kihenjo, accused the prosecution of delaying the case without compelling justification.

The hospital directors face 14 counts of fraudulent procurement, forgery, and uttering false documents to authorities. The other accused persons face 23 counts of forgery, abuse of office, and fraud relating to the renewal of the hospital land lease.

The accused criticized the repeated postponements, which they say amount to a tactical delay in their criminal proceedings.

On Wednesday, Chief Magistrate Elizabeth Juma adjourned the case to September 1 to allow the defence team time to prepare for a key prosecution witness, James Michoma, a physical planning expert.

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She also cancelled hearings previously scheduled for July 23 and July 25.

Michoma had been expected to testify as the third witness in the case, following earlier testimonies by Nakuru County Secretary Samuel Mwaura and Lands CEC John Kihagi. However, he only appeared in court late in the afternoon.

“We have waited for the witness for hours, despite his office being just opposite to the Law Courts. It is not fair to us,” said Henry Aminga, lawyer for the hospital directors.

“The accused persons were arrested in January, but to date only two witnesses have testified. It is not the first time witnesses have failed to appear or have appeared late,” he added.

Aminga said the defence has a right to cross-examine Michoma on the same day he testifies.

“Let the prosecution be alerted that we cannot come to court and wait for almost the whole day for only one witness. We can do at least two witnesses and more,” he submitted.

He also objected to the witness testifying without the defence team having adequate time to question him on the same day, arguing it compromises fairness and preparation.

In response, Prosecutor Jackline Kisoo said she was ready to proceed but did not explain why the witness failed to appear at the scheduled 9:00 a.m. time.

Chief Magistrate Juma allowed the adjournment but emphasized the importance of timely proceedings, noting that at least 40 witnesses are expected to testify.

“The court sees it fit that the witness gives his testimony and the defence cross-examines him on the same day,” she ruled.

The case stems from allegations of fraudulent renewal of the 25-acre hospital lease in Milimani, Nakuru, for a period of 50 years, effective from March 1, 2021.

The County Government of Nakuru took over the facility on January 23, 2024, and shut it down. It has remained closed since.

The case will resume in September, with hearings scheduled to run over four days.