KENYA — The Kenyatta University Teaching, Research, and Referral Hospital (KUTRRH) has found itself embroiled in a heated dispute over leadership and ownership.

This unfolding saga has unveiled startling revelations about the qualifications of the hospital’s CEO and has drawn into question the legalities of the hospital’s transition from a university institution to a government parastatal.

The controversy began when it was disclosed that the current CEO of KUTRRH, Ahmed Dagane, does not possess the qualifications stipulated by the law for the position.

Prof. Olive Mugenda, Chairperson of the Hospital Management Board, explained that although the law mandates the CEO to be a medical doctor, a court ruling led to the appointment of Ahmed Dagane, a nurse with a master’s degree in Business Administration.

Mugenda revealed, “We followed a judgment by the court that said the CEO should be a health professional. The CEO is not a doctor; the law says the CEO must be a doctor, but the law was challenged in court.”

This revelation prompted Jack Wamboka, Chair of the National Assembly Public Investments Committee on Governance and Education, to inquire about the CEO’s qualifications.

He questioned, “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?”

In response, the Attorney General clarified that the requirement, as per the law, is indeed for the CEO to be a medical doctor, and no changes had been made to these provisions.

Despite the legal requirement, Ahmed Dagane assumed the position of CEO of KUTRRH in July 2022, boasting 22 years of experience in health management. However, this appointment now stands at the heart of a contentious battle.

The dispute between KUTRRH and Kenyatta University management has played out in the corridors of the National Assembly committee as the two entities vie for control.

The conflict stems from a decision by former President Uhuru Kenyatta, who gazetted the hospital as a government parastatal under the Ministry of Health (MoH) on January 25, 2019, effectively severing its connection with Kenyatta University.

KU Vice Chancellor Paul Wainaina argued that this move disrupted the hospital’s original objectives, which were centered around teaching, training, and research.

He stated, “In the records we have, the hospital was for Kenyatta University, and that’s why I would say it was a misnomer to have the hospital built on Kenyatta University’s land when the students are not benefiting from it.”

Wainaina revealed that the university had envisioned the hospital primarily as a referral center for medical students during clinical training and research. However, the presidential order changed the course of the institution’s purpose.

“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 hand over the hospital, including the contractors. That’s when things turned against KU,” said Wainaina.

The ongoing tussle has its roots in Kenyatta University’s refusal to comply with the legal notice that transformed the hospital into a government parastatal.

Professor Mugenda, Chair of the Hospital Management Board, emphasized that the university failed to align itself with the change, resulting in the protracted conflict.

“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,” explained Mugenda.

She further noted that, initially, the university had three board members represented in the hospital’s governance structure, but this changed to just one after the hospital’s parastatal transformation.

The ultimate fate of this contentious battle for the ownership and control of the Sh 8.7 Billion (US$ 59 million) KUTRRH now rests with President William Ruto’s administration.

The Office of the Attorney General issued an advisory opinion on the matter, asserting that President Kenyatta’s decision to transfer ownership from the university to the government in 2019 was legally sound under the State Corporation Act.

However, the Attorney General acknowledged that excluding the university from the decision-making process was a misstep.

He called for a roundtable discussion involving key stakeholders, including Cabinet Secretaries from the Ministries of Health and National Treasury, as well as representatives from both institutions.

The core issue in this ongoing conflict is the claim by Kenyatta University that its students have been denied access to train at KUTRRH, despite the hospital’s construction on the university’s land.

The hospital, in turn, shifted the blame to Vice-Chancellor Paul Wainaina, accusing him of failing to align the medical students with industry regulators as required by law.

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