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Uasin Gishu Memorial Hospital Limited v. Moi Teaching and Referral Hospital Board, Ministry of Health & Attorney General

(2017) JELR 94140 (CA)

Court of Appeal  •  Civil Appeal 184 of 2012  •  6 Oct 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal arises from a dispute between the main antagonists, the appellant, Uasin Gishu Memorial Hospital Limited, a company limited by guarantee and the 1st respondent, the Moi Teaching and Referral Hospital Board, a state corporation established under the State Corporations Act. The 2nd and 3rd respondents are the Ministry for Health and the Attorney General respectively, both of whom represent the Government.

The dispute which has had a long, protracted and acrimonious history can be traced back to a Legal Notice Number 78 of 1998 published on 12th June, 1998 (the Legal Notice), wherein the retired President of Kenya, Daniel Arap Moi by an order known as “The Moi Teaching and Referral Hospital Board order, 1998” established the 1st respondent as a state corporation, and appointed its Board to take over the appellant’s hospital, and properties including rights, duties, obligations, assets and liabilities. At the core of the dispute is Paragraph 5(2) (a) where …

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