(Reference: High Court Commercial & Tax Division – Milimani
Case No. HCCOMMISSIC/E600/2024: William Charles Fryda v Teresia
Ndeto)
The Liberation Democratic Party (LDP) raises grave concern over serious
inconsistencies, internal contradictions, and procedural irregularities
evident in the ruling delivered in High Court Commercial & Tax Division
Case No. HCCOMMISSIC/E600/2024 (William Charles Fryda v Teresia
Ndeto), at the Milimani Law Courts.
As the Parties Presidential Candidate, who grew up in Kibra whereby my
father was a Catechist of St. Michael’s Otiende where the Sisters prayed
and did their pastoral work, I am privy to much information from childhood.
From my recollection, the facility has grown from its humble beginnings to
its current status as a modern, multi-specialty faith-based institution under
the management of the sisters.
This has happened despite the many challenges and external pressures
we have witnessed in the hospital. The major challenge being in and out of
court disputes.
A careful review of the court record in this matter reveals chronological
impossibilities, selective application of statutory provisions, and
contradictory judicial findings that cannot reasonably be explained as
clerical or inadvertent error. These irregularities go to the core of judicial
reasoning, procedural fairness, and public confidence in the administration
of justice.
Of particular concern is the continued prejudice suffered by the Sisters,
whose role as trustees and stewards of faith-based, public-interest
healthcare institutions is well documented in prior decisions of the
Environment and Land Court and the Court of Appeal. These Sisters
dedicated their lives to charitable service, healthcare delivery, and
community welfare, yet remain subjected to legal uncertainty and
procedural outcomes that appear to dilute or undermine their legitimate
interests.
St. Mary’s hospital remains the last hope for Kenyans who desire
affordable, efficient and reliable healthcare with preferential for the poor.
Handing over the hospital to a private individual, taking away from faithbased will leave those who have benefitted from St. Mary’s hospital with
either Kenyatta National Hospital or Mbagathi Hospital with cannot match
the quality, Efficiency and affordability that the sisters have delivered over
the years.
Justice for the Sisters is not a private dispute. It is a test of Kenya’s fidelity
to trust law, religious freedom, and the constitutional obligation to protect
institutions established for the public good.
In HCCOMMISSIC/E600/2024, the emerging pattern—characterised by:
reliance on documents bearing illogical or conflicting timelines, selective
interpretation of the Companies Act, and inconsistent treatment of locus
standi and statutory exceptions,raises a reasonable apprehension of
improper influence or compromised judicial processes, warranting urgent
institutional scrutiny.
LDP respects and promotes the independence of judiciary and does not
wish to make reckless accusations against individual judicial officers. However, where judicial outcomes consistently display incoherence,
selective reasoning, and unexplained departures from settled law, silence
would amount to abdication of civic responsibility.
LDP DEMANDS:
An independent and transparent review by the Judicial Service
Commission (JSC) into the handling of HCCOMMISSIC/E600/2024.
A forensic audit of the court record, including affidavit dates, registry
actions, and procedural compliance relied upon in the ruling.
Immediate and effective protection of the rights and interests of the Sisters,
in strict fidelity to trust law and binding appellate decisions.
Institutional safeguards against judicial capture, undue influence, and
manipulation of commercial justice processes.
The Judiciary must remain the final refuge of justice not a theatre of
contradiction or perceived influence.
LDP stands for justice, accountability, and the rule of law.Liberation
Democratic Party (LDP) Presidential Aspirant Prof. Fred OgolaLDP PRESS STATEMENT: JUSTICE FOR THE SISTERS AND THE
INTEGRITY OF THE JUDICIARY
(Reference: High Court Commercial & Tax Division – Milimani
Case No. HCCOMMISSIC/E600/2024: William Charles Fryda v Teresia
Ndeto)
The Liberation Democratic Party (LDP) raises grave concern over serious
inconsistencies, internal contradictions, and procedural irregularities
evident in the ruling delivered in High Court Commercial & Tax Division
Case No. HCCOMMISSIC/E600/2024 (William Charles Fryda v Teresia
Ndeto), at the Milimani Law Courts.
As the Parties Presidential Candidate, who grew up in Kibra whereby my
father was a Catechist of St. Michael’s Otiende where the Sisters prayed
and did their pastoral work, I am privy to much information from childhood.
From my recollection, the facility has grown from its humble beginnings to
its current status as a modern, multi-specialty faith-based institution under
the management of the sisters.
This has happened despite the many challenges and external pressures
we have witnessed in the hospital. The major challenge being in and out of
court disputes.
A careful review of the court record in this matter reveals chronological
impossibilities, selective application of statutory provisions, and
contradictory judicial findings that cannot reasonably be explained as
clerical or inadvertent error. These irregularities go to the core of judicial
reasoning, procedural fairness, and public confidence in the administration
of justice.
Of particular concern is the continued prejudice suffered by the Sisters,
whose role as trustees and stewards of faith-based, public-interest
healthcare institutions is well documented in prior decisions of the
Environment and Land Court and the Court of Appeal. These Sisters
dedicated their lives to charitable service, healthcare delivery, and
community welfare, yet remain subjected to legal uncertainty and
procedural outcomes that appear to dilute or undermine their legitimate
interests.
St. Mary’s hospital remains the last hope for Kenyans who desire
affordable, efficient and reliable healthcare with preferential for the poor.
Handing over the hospital to a private individual, taking away from faithbased will leave those who have benefitted from St. Mary’s hospital with
either Kenyatta National Hospital or Mbagathi Hospital with cannot match
the quality, Efficiency and affordability that the sisters have delivered over
the years.
Justice for the Sisters is not a private dispute. It is a test of Kenya’s fidelity
to trust law, religious freedom, and the constitutional obligation to protect
institutions established for the public good.
In HCCOMMISSIC/E600/2024, the emerging pattern—characterised by:
reliance on documents bearing illogical or conflicting timelines, selective
interpretation of the Companies Act, and inconsistent treatment of locus
standi and statutory exceptions,raises a reasonable apprehension of
improper influence or compromised judicial processes, warranting urgent
institutional scrutiny.
LDP respects and promotes the independence of judiciary and does not
wish to make reckless accusations against individual judicial officers. However, where judicial outcomes consistently display incoherence,
selective reasoning, and unexplained departures from settled law, silence
would amount to abdication of civic responsibility.
LDP DEMANDS:
An independent and transparent review by the Judicial Service
Commission (JSC) into the handling of HCCOMMISSIC/E600/2024.
A forensic audit of the court record, including affidavit dates, registry
actions, and procedural compliance relied upon in the ruling.
Immediate and effective protection of the rights and interests of the Sisters,
in strict fidelity to trust law and binding appellate decisions.
Institutional safeguards against judicial capture, undue influence, and
manipulation of commercial justice processes.
The Judiciary must remain the final refuge of justice not a theatre of
contradiction or perceived influence.
LDP stands for justice, accountability, and the rule of law.Liberation
Democratic Party (LDP) Presidential Aspirant Prof. Fred Ogola
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