County secretary Samuel Mwaura testifies in court over War Memorial hospital saga

Nakuru County Secretary Dr Samuel Mwaura will take the stand for a second day today to continue his testimony against the directors of Nakuru War Memorial Hospital, who are facing fraud charges over the renewal of the hospital's lease.

He first appeared before Chief Magistrate Elizabeth Juma on Monday where he defended the county's decision to forcibly take over the management of Nakuru War Memorial Hospital.

In his testimony, Dr Mwaura gave an account of the illegalities allegedly committed by the hospital's private management in their bid to illegally acquire a 50-year extension to their expired lease.

He indicated that the directors obtained the lease extension using forged documents after colluding with land officials.

The said directors, namely Roger Joslyn, Dr Simon Mwangi and Malcolm Bell, are jointly charged with forgery, fraud and misconduct in public office.

They are charged alongside land administrators Peter Nzuki and Stephen Kihenjo, Nyandarua County Assembly Speaker Steve Waiganjo and businessman Kipkemboi Marindich.

"We verified the receipts and documents presented to us by the hospital and confirmed that they did not come from the Nakuru County office," Mwaura testified.

According to the county secretary, there were numerous discrepancies in the documents presented, including forged signatures and stamps.

He pointed out some of the documents that did not match reality.

For example, they produced a document, which he said had been used by the directors to obtain an extension of the lease, showing that they had been directors of the hospital when it was established in 1923.

He produced a document in evidence showing that the said directors were born many years after the hospital was established.

"We got hold of the identities of the suspects and established that they were born after 1923 and it would not have been possible for them to be directors," Dr Mwaura says.

According to documents seen by Mtaa Wangu, Dr Simon Mwangi was born in 1953, Rodger Joslyn in 1947 and Malcom John Bell in 1949.
The county secretary noted that documents obtained from the land registrar in 2023 showed that the hospital had directors in 1923 who were either deceased or no longer on the board.

He said they also noted that some of the directors included government officials; the Provincial Health Officer and the Regional Commissioner.

The county secretary noted that the directors representing the national government and then Nakuru municipality had been kicked out and the new board had no one from the government.

Dr Mwaura told the court that the County Executive Committee Member (CEC) Land refused to grant the extension after the then Nakuru East Sub County Physical Planner, Mr Collins Ogola, raised an objection on February 6, 2020.

In his letter, Mr Ogola claimed that there was a land ownership conflict between PGH Annex and War Memorial Hospital and wanted it resolved.

The arrest of the seven followed a controversial takeover of the hospital by the county government in January 2024.