Two former Kenya Defence Forces officers, who are said to be serving in the Russian military, have been handed a temporary relief after the High Court in Nairobi barred the Directorate of Criminal Investigations from accessing their private medical records.
While issuing the conservatory orders, Justice Chacha Mwita prohibited the DCI, the Attorney General, and the Inspector General of Police from accessing files from two private hospitals where the two are said to have been accessed before their recruitment to Russia, pending the determination of the case.
Court records indicated that DCI had written to the two hospitals seeking the medical records of the two former military officers in connection with the recruitment of Kenyans to fight in the Russia-Ukraine war.
The DCI detectives had contended that 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 centres emphasised 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.
The latest comes amid heightened scrutiny on the involvement of Kenyans in the Russia-Ukraine war. Reports have revealed that Kenyans have allegedly been trafficked under the guise of employment, only to later end up as frontline soldiers in the ongoing war.
In a statement released on Saturday, September 27, the Russian Embassy refuted claims that one of its citizens, who was nabbed in Nairobi, allegedly recruiting Kenyans to fight in Ukraine, worked on behalf of the government of Russia. This came after police rescued 22 Kenyans awaiting documents to head to Russia.
The Russian in question had been taken to the DCI on Thursday, September 25, where he was interrogated on his business in the country, before later departing the country the following day. The embassy was quick to dismiss reports that he had been arrested and deported.
Also, it added that Kenyan security agencies did not provide any information to the embassy about any charges or claims against him.
His detention came after police managed to rescue 22 people in a residential building in Athi River, where they were awaiting the individual to process their travel documents to Russia. According to the police, the individuals were allegedly promised job opportunities in Russia but in reality were to be sent to fight in Ukraine for Russia.
The police claimed that the individual was accused of coordinating the victims' travel to Russia in September and October this year.
Detectives said the rescued victims revealed they had signed contracts with an unnamed employment agency, committing to pay up to $18,000 (Ksh2,331,000), which would cater for their visas, travel, and accommodation.
