The High Court has temporarily lifted an order blocking former Nairobi Hospital chairman Dr Chris Bichage from accessing his bank accounts amid a multi-agency probe.
The court acted on an application by Dr Bichage, who cited humanitarian grounds for lifting the freeze.
His lawyer told the court that the former chairman, who is unwell and on medication, was being adversely affected by the restriction. The court was also informed that similar freezes on other current and former officials are set to lapse on May 25 2026.
“The application is allowed as prayed,” the court ruled.
In April, the hospital’s board went to court, accusing police of intimidation and harassment.
“The cumulative conduct of the Respondents amounts to a systemic abuse of police and prosecutorial powers contrary to the constitution,” the petition stated.
Earlier, six board members led by chairman Dr Barcley Onyambu accused State agencies of abusing their authority following their arrest and arraignment.
They argued that the criminal justice system was being used not to enforce the law, but as a tool of intimidation and control over a private institution.
Beyond prosecution, the officials said the Assets Recovery Agency (ARA) had placed caveats and prohibitory orders on their motor vehicles and other assets, restricting their rights without due process or legal justification.
The Kenya Revenue Authority (KRA) also launched tax assessments and enforcement proceedings based on the same set of facts, creating parallel processes designed to harass and pressure them.
“The cumulative effect of criminal proceedings, asset recovery actions and tax enforcement measures constitutes a coordinated and oppressive use of state machinery, in violation of the constitution,” the petition stated.
The board further alleged that the state’s actions were neither statutory nor grounded in any legal framework.
“Instead, they constituted ad hoc and extra-legal maneuvers aimed at exerting State control over a private entity, justified solely on the basis of alleged internal wrangles within the hospital community,” the petition said.
The case names Head of Public Service Mr Felix Koskei, DPP Renson Ingonga, Inspector General of Police Douglas Kanja, and the Director of Criminal Investigations (DCI) as respondents.
The petition also claims that after arresting board members, the police issued sweeping, generalised demands for documents and information in what it described as “a fishing expedition” intended to retrospectively justify a predetermined decision to prosecute.
