War Memorial hospital land fraud case delayed again

A fraud and forgery case facing Nakuru War Memorial Hospital directors and land officials has been delayed for the third time.

Dr Simon Mwangi, Roger Joselyn, and Malcolm Bell alongside four others are accused of colluding to fraudulently renew the hospital’s land lease for 50 years, effective April 2021.

The case was last heard in March 2025, when John Kihagi, the County Executive Committee Member (CECM) Lands, Physical Planning, Housing and Urban Development testified.

The case was slated for June 18, but it was deferred when James Michoma, a physical planning expert, delayed the proceeding and only appeared in the afternoon to testify.

The hospital directors raised concerns over numerous previous delays in the case, saying the trial was intentionally being stalled.

They particularly claim that Michoma, who allegedly prepared the planning brief that enabled the extension of the lease, was intentionally delaying the case to avoid testifying.

“We have waited for the witness (Michoma) for hours, despite his office being just opposite to the law courts. It is not fair to us,” submitted Henry Aminga, the lawyer representing the hospital directors.

Due to his lateness, the court was forced to cancel two other hearing dates of July 23 and July 25.

Chief Magistrate Elizabeth Juma pushed the case to September 1, but it was postponed further to this week for four consecutive days and Michoma was directed to appear and give his evidence.

However, the case has been pushed to next week Monday, September 15, as Ms Juma is indisposed.

The defence lawyers have previously pointed out that since the case started in January 2024, only two witnesses; Kihagi and Samuel Mwaura, the County Secretary, had testified.

“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,” deposed Aminga.

At least 40 witnesses have been lined up to testify in the case.

The seven are charged with fraudulently renewing the lease for the 25-acre land in Milimani estate, Nakuru, where the hospital stands.

The directors face 14 counts of fraudulent procurement, forgery, and uttering of false documents to the authorities.

Nyandarua Speaker Steve Waiganjo, Kipkemboi Marindich, and land administrators’ directors Peter Nzuki and Stephen Kihenjo face 23 counts of forgery, abuse of office, and fraud.

The land officials are charged with fraud in the renewal process for the hospital land lease.

The county government of Nakuru took over the hospital on January 23, 2024 and shut it down. It has never been opened to date.

The case continues on September 15.

[email protected]