Court blocks DCI from accessing medical records in Russian war probe
The orders will remain in force until October 8, 2025, when the matter will be mentioned for further directions.
The High Court has barred the Directorate of Criminal Investigations (DCI) from demanding confidential medical records from two private hospitals in connection with investigations into the recruitment of Kenyans to fight in the Russian war.
Justice Chacha Mwita on Monday issued temporary conservatory orders restraining the DCI, the Attorney General, and the Inspector General of Police from obtaining files held by Universal Trends Medical and Diagnostic Centre and Inspocare Health Limited.
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The orders will remain in force until October 8, 2025, when the matter will be mentioned for further directions.
The case arose after the DCI wrote to the two hospitals seeking the records of patients Vincent Odhiambo and Moogi Duncan, as well as details of all patients whose medical bills had been settled by international organisations within the last six months.
Investigators said the documents were crucial to a probe into how ex-Kenyan army officers were recruited to join Russian forces.
Through lawyer Danstan Omari, the hospitals challenged the directive, describing it as unconstitutional and a violation of patients' rights. They argued that the request lacked a court order and that the affected patients had not given consent, making the demands unlawful.
In their petition, the hospitals maintained that compliance would breach constitutional guarantees of privacy, dignity, and health under Articles 28, 31, and 43 of the Constitution, as well as provisions of the Health Act, 2017.
Affidavits by directors Dr Ndiritu Wangui and Dr Isaac Maundu warned that surrendering the files would expose the facilities to professional misconduct and liability for breaching confidentiality.
The doctors further alleged that their refusal to comply had already subjected them to harassment and intimidation by law enforcement officers.
Justice Mwita directed the petitioners to serve all pleadings immediately and ordered the State to file responses within seven days, noting that the matter raised fundamental constitutional questions requiring careful determination.
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