Chief Justice Martha Koome has warned police officers against failing to enforce court orders in the ongoing ownership wrangles over the Nakuru War Memorial Hospital.
In a detailed statement, the Chief Justice lamented over the police's failure to enforce the court orders and to assure security.
Specifically, Koome stated that the Judicial Service Commission is concerned about how the law enforcement officers have allowed assailants to occupy Nakuru War Memorial Hospital making it hard to enforce court orders.
"The JSC is especially disturbed by the events in Nakuru County, where assailants have occupied the Nakuru War Memorial Hospital, defying court orders. The Commission observed with concern the failure by law enforcement officers in ensuring that court orders are obeyed," Koome stated.
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The Chief Justice revealed that the blatant disregard of court orders has forced two judges to recuse themselves from hearing the case involving the hospital.
"These ongoing threats, violent interference and failure by the police to restore order and assure security has resulted in two Judges recusing themselves from hearing the case. The fact that the Judges have had to recuse themselves from handling the matter due to constant intimidation lowers the dignity of the court and affects the administration of justice. This is a matter of concern to the JSC and a threat to the rule of law," Koome stated.
"In addition, the Commission strongly condemns the attack on Nakuru-based lawyers who peacefully protested against the disregard of court orders on Thursday, 16th February 2024. We note with dismay that police officers stood on guard and watched as the lawyers were attacked."
The row over the ownership of 25 acres of land the hospital sits on pits the county government of Nakuru and the private owners of the hospital, with the county accusing the owners of forging papers to get a 99-year lease on the property some two years back.
The dispute has resulted in six court orders being issued since October last year and none of them have been enforced.
