Court blocks DCI from seeking medical information of Kenyans linked to Russian forces

Justice Chacha Mwita, while issuing conservatory orders on Monday, restrained the DCI, the Attorney General, and the Inspector General of Police from interfering with or obtaining the files held by Universal Trends Medical and Diagnostic Center and Inspocare Health Limited. 

The orders will remain in force until October 8, 2025, when the case will be mentioned for further directions.

The dispute arose after the DCI reportedly wrote to the two medical facilities directing them to surrender the records of patients Vincent Odhiambo and Moogi Duncan, as well as information on all patients whose bills had been paid by international organizations within the last six months. 

The investigators claimed the information was critical to their probe into how ex-Kenyan army officers were recruited to join Russian forces in the ongoing war.

However, the hospitals, through lawyer Danstan Omari, challenged the directive in court, terming it unconstitutional, unlawful, and a blatant violation of patients’ rights. 

They argued that the request was not backed by any court order, nor had the patients consented to the release of their information, making the demands illegal.

In their petition, the medical centers emphasized that compliance would breach constitutional guarantees of privacy, dignity, and the right to health as protected under Articles 28, 31, and 43 of the Constitution, as well as provisions of the Health Act, 2017.

“The respondents’ actions not only disregard the express provisions of the Constitution but also expose us to professional misconduct liability for breaching patient confidentiality,” the hospitals stated in affidavits sworn by directors Dr. Ndiritu Wangui and Dr. Isaac Maundu.

The doctors further warned that while releasing the files would amount to professional negligence and a violation of the law, their refusal to comply with the DCI demand had already subjected them to harassment, intimidation, and the risk of reprisals by law enforcement officers.

The petitioners maintain that the outcome of the case will be critical in defining the extent of patient confidentiality in Kenya and in reaffirming the ethical obligations of healthcare providers when confronted with pressure from investigative authorities.

“The demand by the DCI undermines the doctor–patient relationship, which is founded on trust and confidentiality,” lawyer Omari told the court, urging it to intervene urgently to protect both the hospitals and their patients.

In granting the temporary orders, Justice Mwita directed that all pleadings be served immediately and that responses from the State be filed within seven days. The judge stressed that the issues raised by the petitioners touched on fundamental constitutional rights that warranted careful consideration.