The High Court has barred the Directorate of Criminal Investigations (DCI) from accessing the medical records of two former Kenya Defence Forces (KDF) officers alleged to have been recruited to fight for Russia in the ongoing Ukraine war.
In his ruling, Justice Chacha Mwita issued conservatory orders prohibiting the DCI, the Attorney General, and the Inspector General of Police from obtaining files from two private hospitals where the ex-officers reportedly sought medical services before their recruitment.
According to court filings, DCI detectives had written to the hospitals requesting the records as part of their probe into how former Kenyan soldiers were allegedly recruited to join Russian forces. However, the hospitals, represented by lawyer Danstan Omari, opposed the directive, terming it unconstitutional and a violation of patients’ rights.
The facilities argued that the request lacked legal backing since it was not supported by a court order nor patient consent. They warned that compliance would amount to breaching constitutional guarantees of privacy, dignity, and health under Articles 28, 31, and 43, as well as provisions of the Health Act, 2017.
“The respondents’ actions not only disregard the Constitution but also expose us to professional misconduct liability for breaching patient confidentiality,” the hospitals stated in affidavits.
The ruling comes amid growing scrutiny of reports linking Kenyans to the Russia-Ukraine war. Recently, police rescued 22 Kenyans in Athi River who were allegedly lured with promises of jobs in Russia, only to later discover they were destined for combat.
Authorities further revealed that the victims had signed contracts with a recruitment agency and were expected to pay up to $18,000 (Ksh2.3 million) to cover visas, travel, and accommodation.
Meanwhile, the Russian Embassy dismissed reports that a Russian national questioned in Nairobi was working for its government, insisting no official links existed.
The case will proceed to full hearing as the court determines the legality of the DCI’s requests.
