Court allows police to access medical records of MP Koimburi over alleged abduction, torture
Court allows police to access medical records of MP Koimburi over alleged abduction, torture
A court allowed police to access medical records of Juja Member of Parliament George Koimburi over claims he was abducted and tortured.
Milimani Senior Principle Magistrate Robin Ondieki ordered The Karen Hospital and Plainsview Hospital Ruiru Branch to supply the records of the MP in relation to the claims of torture.
“A warrant do herby issue to Investigate The Karen Hospital-Nairobi patient records domiciled at The Karen Hospital Nairobi Branch and Plainsview Hospital patient records domiciled at Plainsview Hospital Ruiru Branch relating to Hon. George
Koimburi, the MP for Juja Constituency as to enable IP Nicholas Njoroge, an Investigator attached to DCI Operations Support Unit, to have access, inspect/ investigate, obtain information and demand to be supplied with and carry away as exhibits certified copies of all the health records relating to Hon. George Koimburi, the MP for Juja Constituency for the period between 26th May, 2025 and 29th May, 2025, in respect of the said patient,” said part of the order.
This follows futile efforts by the police to access the MP at the Karen Hospital.
They have also been unable to access his medical records at the Karen Hospital and Plainsview Hospital Ruiru Branch.
The police told the magistrate the issue has indeed elicited so much anxiety to the general public in this era of abductions.
The police said the probe will be important and indeed not only to the politicians but to every citizen of this country to know if indeed the abductions are handled by the state agencies or other
forces in the dark and especially at this time of anxieties.
And after considering the application the magistrate allowed it.
“An order to issue compelling the Executive Officer of the Karen Hospital Nairobi Branch and the In -Charge Plainsview Hospital Ruiru to nominate authorize person (s) to make and give to Inspector Nicholas Njoroge, a police officer and an Investigator attached to DCI, Operation Support Unit, a certificate of production of electronic evidence under section 106(B) of the Evidence Act in respect of Evidence (certified copies) generated electronically or from and by electronic devices.”
Njoroge said the matter was first reported at Mugutha Police Station on 25th May 2025 vide OB 21/25/05/2025 at 1600 hours by one Peter Kiratu Mbari and that Koimburi was abducted by unknown men who had their faces concealed by blue masks and driven away in Subaru Forster shortly after attending a church service.
The incident was captured by amateur videos which have since gone viral on various social platforms in the country creating a lot of panic to other Members of Parliament, family friends and the general public.
In the morning of 26th May, 2025, the said MP was found abandoned in one of the Coffee Plantation within his Constituency while in writhing in pain and taken to Plainsview Hospital for first aid and then transferred to The Karen Hospital for further medication.
Police argued Koimburi is a politician with political following in the country and his health conditions is a matter of public concern which has continued to elicit a lot of public debate that could lead to negative security impact in the country.
“It is necessary that the Order do issue to enable us receive health documents and other records relating to ten treatment of the Hon. George Koimburi held at The Karen Hospital and Plainsview Hospital,” he argued.
The magistrate said the US Supreme Court has identified two types of interests protected by the right to privacy which are the right to autonomous decision-making and the right to non-disclosure of intimate personal information, or confidentiality…
“The interest in confidentiality, or non-disclosure of personal information, has not been recognized by this court as fundamental right requiring utmost protection.”
“Disclosure of intimate information to governmental agencies is permissible if it is carefully tailored to meet a valid governmental interest, and provided the disclosure is no greater than is reasonably necessary,” he said.
Elsewhere, the Milimani Law Courts in Nairobi released four suspects linked to the alleged staged abduction of Koimburi, ruling that there were insufficient grounds to continue holding them in custody.
The suspects Grace Nduta Wairimu (MCA for Kanyenya-ini Ward), Peter Kiratu Mbari, David Macharia Gatana, and Cyrus Muhia were each granted release on a cash bail of Sh300,000 or an alternative bond of Sh1 million.
As part of their release conditions, the court prohibited the suspects from contacting any witnesses directly or through intermediaries. Magistrate Carolyne Mugo also ordered them to report to the investigating officer weekly or whenever summoned by the Directorate of Criminal Investigations (DCI).
The court also granted the prosecution the liberty to request cancellation of the suspects’ bail at any time should they violate the court-imposed conditions.
The case is scheduled for mention on June 5, 2025.
The four were arrested in connection with the alleged staged abduction of MP George Koimburi, reportedly carried out on May 25, 2025.
They were presented in court under a miscellaneous application in which the DCI sought to detain them for an additional 15 days to allow for further investigation and guidance from the Director of Public Prosecutions (DPP).
The suspects are accused of participating in the alleged abduction with the intent to commit murder, a violation of Section 258 of the Penal Code.
They are also under investigation for allegedly causing a disturbance in a manner likely to breach the peace.