NAIROBI, Kenya – The High Court has stopped the Directorate of Criminal Investigations (DCI) from obtaining confidential medical records from two private hospitals in Nairobi as part of investigations into the alleged recruitment of Kenyans to fight in the Russian war.
Justice Chacha Mwita, in conservatory orders issued on Monday, barred the DCI, the Attorney General, and the Inspector General of Police from interfering with or demanding files held by Universal Trends Medical and Diagnostic Center and Inspocare Health Limited.
The orders remain in force until October 8, 2025, when the case will be mentioned for further directions.
The dispute arose after the DCI reportedly wrote to the hospitals directing them to surrender the records of patients Vincent Odhiambo and Moogi Duncan, along with details of all patients whose medical bills had been settled by international organisations in the past six months.
The investigators argued the information was key to their probe into how former Kenyan army officers were recruited into Russian forces.
Through lawyer Danstan Omari, the hospitals challenged the directive, calling it unconstitutional and a gross violation of patients’ rights to privacy, dignity, and health.
“The demand by the DCI undermines the doctor–patient relationship, which is founded on trust and confidentiality,” Omari told the court.
In affidavits filed by their directors, Dr. Ndiritu Wangui and Dr. Isaac Maundu, the hospitals maintained that complying would amount to professional misconduct under the Constitution and the Health Act, 2017.
They also claimed their refusal to release the files had exposed them to harassment and intimidation from law enforcement officers.
Justice Mwita directed the petition and supporting documents be served immediately, with the State required to respond within seven days.
He noted that the matter raised fundamental constitutional questions that warranted urgent and careful examination.
The case is expected to set an important precedent on the limits of patient confidentiality in Kenya when weighed against the demands of law enforcement.
