DPP Moves To Withdraw Charges Against Three Nairobi Hospital Directors
News Updated: 23 March 2026 17:19 EAT
Nairobi hospital main entrance point
The Office of the Director of Public Prosecutions (DPP) has filed an application to withdraw criminal charges against three directors of the Kenya Hospital Association Limited, the body that manages Nairobi Hospital, over alleged failure to submit financial returns.
The charges, which were pending before a Nairobi court, relate to the directors’ alleged failure to lodge statutory financial statements with the Registrar of Companies for the financial years 2022, 2023, and 2024.
The three directors implicated in the case are Barclay Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mwero.
State counsel Nora Otieno told the court that the DPP is seeking to withdraw all charges under Section 87(a) of the Criminal Procedure Code to allow for further review of the case file before determining whether to proceed with prosecution.
“The request is made to ensure a proper review of the charges and to assess the merits of the case before any further action,” the prosecution submitted in court.
The withdrawal application was opposed by the defence team, led by Senior Counsel James Orengo, who argued that the process leaves the accused under a legal cloud and does not give them full closure.
Orengo insisted that the matter should be terminated in a manner that fully respects the rights of the directors and prevents future prosecution on the same facts.
The Law Society of Kenya, through its president Charles Kajama, also weighed in, stating that the suspects should be formally presented in court rather than having charges withdrawn without clear explanation.
Principal Magistrate Peter Mutai approved the prosecution’s request to withdraw the charges, meaning the three directors are not currently facing active criminal proceedings, though the DPP retains the option to re-file charges if the review warrants it.
Legal analysts note that the application under Section 87(a) differs from an outright termination, as it allows the prosecution to pause proceedings while retaining discretion to pursue the case later.
The development comes amid broader scrutiny of governance at Nairobi Hospital, where other officials are facing legal action related to statutory compliance and conflict of interest, reflecting heightened oversight of management practices in the institution.
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FELIX MAKONA
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