The Liberation Democratic Party (LDP) has raised serious concerns over alleged inconsistencies and procedural irregularities in a recent ruling delivered in the High Court Commercial & Tax Division, Case No. HCCOMMISSIC/E600/2024, William Charles Fryda v. Teresia Ndeto, at the Milimani Law Courts.
In a statement issued by LDP Presidential candidate, Prof. Fred Ogola, the party voiced its alarm over what it describes as “grave inconsistencies, internal contradictions, and procedural irregularities” in the ruling, calling for urgent scrutiny and accountability within the judiciary.
The case in question involves the Sisters of St. Mary’s Hospital, a faith-based, non-profit healthcare institution that has served the Kenyan public for years. Prof. Ogola, who grew up in Kibra where his father worked as a Catechist at St. Michael’s Otiende, expressed particular concern for the Sisters, highlighting their pivotal role in the delivery of affordable and quality healthcare, especially for the poor. He noted the hospital’s transformation from humble beginnings into a modern, multi-specialty institution under the Sisters’ stewardship, despite external pressures and ongoing legal disputes.
Chronological Inconsistencies and Judicial Concerns
A thorough review of the court record in the matter, according to the LDP, has revealed a pattern of what the party believes to be “chronological impossibilities” and “selective application of statutory provisions.” The party pointed out discrepancies in judicial findings that could not be easily explained as clerical errors, raising concerns about procedural fairness and the overall integrity of the ruling.
Prof. Ogola emphasized the significance of the case, describing it as a “test of Kenya’s fidelity to trust law, religious freedom, and the constitutional obligation to protect institutions established for the public good.” He stressed that the Sisters, who have dedicated their lives to charitable service and healthcare delivery, are facing continued prejudice through legal uncertainty and inconsistent judicial outcomes.
Impact on Healthcare in Kenya
The LDP also warned that the continued legal uncertainty surrounding St. Mary’s Hospital, coupled with the possibility of its ownership being transferred to private interests, could have devastating consequences for Kenya’s healthcare system.
“Handing over the hospital to a private individual, taking away from faith-based institutions, would leave many Kenyans with limited access to affordable and quality healthcare,” Prof. Ogola asserted.
He argued that the hospital has been a lifeline for the poor and that its closure or privatization would further strain the already overstretched public healthcare system, particularly in hospitals like Kenyatta National Hospital and Mbagathi Hospital, which are unable to match the quality and affordability offered by St. Mary’s with the latter’s recent rumours of crippling since government introduced e-Citizen payment under one pay bill number for all public entities which has seen it been underfunded even after collecting Ksh 40 million and Ksh 60 million per day from patients fees
Demands for Accountability
In response to the perceived inconsistencies in the court’s ruling, the LDP is calling for immediate action. The party has issued the following demands:
An independent and transparent review by the Judicial Service Commission (JSC) into the handling of Case No. HCCOMMISSIC/E600/2024.
A forensic audit of the court records, including affidavit dates, registry actions, and procedural compliance, to ensure transparency and accountability in the ruling.
Immediate protection of the rights and interests of the Sisters in accordance with trust law and binding appellate decisions.
Institutional safeguards to prevent judicial capture, undue influence, and manipulation of commercial justice processes.
The LDP stressed that the judiciary must remain the final refuge of justice, not a venue for contradictions or perceived influence. “Justice for the Sisters is not a private dispute. It is a matter of public interest that requires urgent intervention,” Prof. Ogola concluded.
While the LDP respects and promotes the independence of the judiciary, they emphasized that where judicial outcomes display incoherence, selective reasoning, and unexplained departures from established law, it is crucial for the public to speak out. “Silence would amount to abdication of civic responsibility,” Prof. Ogola warned.
As this legal battle continues, the LDP remains committed to upholding justice, accountability, and the rule of law, with a firm call for transparency and integrity in Kenya’s judicial processes.