NAIROBI, Kenya, Sep 20 – The Kenyatta University Teaching, Research and Referral Hospital (KUTRRH) management found itself on a tight spot following the revelation that they allowed an ‘unqualified’ person to run the facility considering the provisions of the law.

The Hospital Management Board Chairperson Prof Olive Mugenda told MPs that the CEO of the hospital, Ahmed Dagane, is a nurse and has a master’s degree in Business Administration.

“We followed a judgment by the court that said the CEO should be a health professional.The other members of health professional went to court and the court gave that order,”

“The CEO is not a doctor,the law says the CEO must be a doctor but the law was challenged in court,” Mugenda said.

National Assembly Public Investments Committee on Governance and Education Chair Jack Wamboka questioned why the CEO of the hospital, Ahmed Dagane, is not trained as a doctor yet the law has outlined the requirements for the CEO post of level 6 health facilities.

“The CEO is not a doctor but a nurse. What does the law say about the qualifications of CEOs of public facilities such as Kenyatta University Teaching, Referral and Research Hospital?” Wamboka asked.

The Attorney General said the requirement is that the CEO should be a medical doctor and the law has not been changed on the provisions.

“I am not privy to the court order but of course the law has not been changed on the requirement of a CEO,” said Muturi.

Dagane was appointed the CEO of Kenyatta University Teaching, Referral and Research Hospital in July 2022 with 22 years of experience in health management.

KUTTRH row

KUTTRH and Kenyatta University management differences played out before the National Assembly committee as the fierce battle for control of the latter ensues.

Former President Uhuru Kenyatta gazetted the hospital as a parastatal under the Ministry of Health (MoH) on January 25 2019, effectively severing the relationship between KUTTRH and the university.

KU Vice Chancellor Paul Wainaina insisted that the move to the hospital be run as a parastatal interfered with the ultra-modern facility objectivity.

The Kenyatta University Management told MPs that the initial plans for the establishment of the hospital were for its facilities to be used for teaching, training, and research exclusively.

 “In the records we have the hospital was for Kenyatta University and that’s why I would say it was a mis normal to have the hospital built for Kenyatta University in their land yet the students are not enjoying the fruits,” said Wainaina.

Prof Wainaina said that the management intended for the referral center other than serving the public aid medical students during clinical training and research lamenting that the objectives of the hospital were changed.

“When the order came from the President, I was surprised, I didn’t know anything about it.What happened after that is that we as management were requested to handover the hospital including the contractors. That’s when things turned against KU,”the KU Vice Chancellor said.

“The order recognized KU by having VC as one of the board members, after the shock of   losing the hospitals we thought it was possible to work together but it became very difficult,” he added.

The Hospital Management Board Chairperson Professor Olive Mugenda told the committee that the Kenyatta University management has refused to align to the legal notice changing the hospital into a parastatal hence the ongoing tussle.

Professor Mugenda said that the facility remained unutilized for three years before she took over.

“I want to assure the committee that there is nothing personal, the issue is Professor couldn’t align when it became a parastatal.It was more of a culture shock,” said Mugenda

Prof Mugenda said the university was previously represented by three board members in the hospital before it was changed to one after it became a parastatal.

Advisory Opinion

The fate of the fierce battle for the ownership of the Sh 8.7 Billion  KUTTRH now lies with President William Ruto’s administration following an advisory opinion issued by the Office of the Attorney General

In the turn of events, Attorney General Justin Muturi outlined that Former President Uhuru Kenyatta acted well in line to transfer the ownership of KUTTRH from the university to the government through a legal notice issued in 2019 under the State Corporation Act.

Muturi however noted that the move to alienate the management of Kenyatta University while arriving to the decision in October 2018 yet the institution was built in their parcel of land was a mishap.

“The fact that the university was left out of that meeting, because we’ve looked through I’ve gone through the old records there is appear not to be any form of communication which was a false step,”he said.

In his advisory opinion, AG Muturi stated that the government can reverse the government decision to ensure a harmonious working relationship between the management of KUTTRH led by Board Chairperson Prof Olive Mugenda and KU management.

The Attorney General has called for a round table discussion between Cabinet Secretaries Health, the National Treasury, and the management of the two rivaling institutions.

“The problem being experience today can be resolved by the Ministry of Education, Ministry Of Health, the Attorney General and management of the two institutions to create a working relationship to make it easier for the two institutions to work,” the Attorney General said.

“It’s possible for the government to correct any wrong doings that have happened,”he added.

At the center of wrangles is claims by the Kenyatta University that their students have been denied access to train at the facility despite the level six hospital having been constructed in the higher learning institution parcel of land.

The hospital shifted the blame to Vice-Chancellor Paul Wainaina, for failing to align the medical students with the industry regulator including the Kenya Medical Board and Nursing Council policies, as required by law.

“If KU had applied according to the law and procedure they would have been allowed….I am aware that they are not accessing KUTTRH but I can explain that they now have accreditation and they are coming anytime following the intervention of Ministry of Health,” Mugenda stated.

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