BY SAM ALFAN.
A dispute between an American priest and a group of Kenyan nuns over two major hospitals for the poor has been resolved after Court of Appeal has held that both contributed towards the facilities establishment
In a partial relief for father William Fryda, the Court of Appeal directed the hospitals in Lang’ata in Nairobi and Elementaita in Nakuru, be transferred to St Mary’s Mission Hospital Nairobi, a limited liability company owned by the church.
“That the appellant (Fr Fryda), the Assumption Sisters of Nairobi and St Mary’s hospitals who are listed as respondents jointly oversee the handover of the hospitals from the Assumption Sisters of Nairobi (ASN) to St Mary’s mission hospital and ensure that St Mary’s is fully vested with the ownership and management of the properties and the hospitals thereon,” ordered Justices Asike Makhandia, Kathurima M’Inoti and Agnes Murgor.
Over six years the Assumption Sisters of Nairobi had been fighting Fryda, a missionary who helped found the church, for control over the two buildings
In their ruling the judges also said it would be incorrect to hold that Fr Fryda solely purchased the property using his personal funds, although his contribution formed part of the basket of donations made by ASN, Maryknoll Fathers and Brothers and their respective congregations and donors.
“Second, and just like the learned judge opined, we have reached the same conclusion that the conceptualization of St. Mary’s Mission Hospital Langata was a joint effort between the appellant and ASN,” the Judges said.
Further, the Judges added the hospitals were conceptualized for a common vision of providing affordable and quality health care to the less privileged members of the society.
They also held that Regina Pacis University College, a constituent college of Catholic University, has no claim over the land in the two hospitals and Nyeri and any deed assigning it some portion was void.
“That the user of the properties other than that of providing health services to the poor or such other auxiliary purposes is null and void and ASN is hereby directed to embark on a relocation or discontinuation programme of any such purposes, especially by the 3rd respondent (the college),” the judges said.
The ruling comes after Fr Fryda had appealed the decision by a Nakuru judge vesting the management of the hospitals and a parcel of land in Sagana in Nyeri County to the nuns.
He faulted the court for finding that he could claim ownership of the hospitals owing to the fact that the funds used to develop them were donor funds.
Further, the priest wanted the court to determine his individual contribution in the acquisition and development of the hospitals.
Further, the Judges added the hospitals were conceptualized for a common vision of providing affordable and quality health care to the less privileged members of the society.
