Court to hear contempt case against ousted Nairobi Hospital chair

Justice Sifuna had directed Dr Onyambu, the Chief Executive Officer Felix Osano and Gilbert Nyamweya (company secretary) to appear before him for the hearing of the contempt application.

Read:  Judge rejects the sacking of Nairobi Hospital staff

Dr Job Obwaka, aligned to another group led by Prof Herman Manyora, who was installed as the chairman through a special board meeting on June 30, maintained that the ousted chairman proceeded with the retreat on July 3 and 4, in Naivasha, in defiance of a court order.

Dr Onyambu on his part submitted that the board of directors and staff members were already in Naivasha, when they were served with the court order, stopping the retreat.

Through lawyer Duncan O’Kubasu, Dr Onyambu said the programme was abandoned and the board members present, only considered the court case.

Dr Obwaka said the court order were served on the officials on July 3, 2025 through email and WhatsApp at 4.30pm, as directed by the court.

“Despite the orders being duly served on the Defendants and the Defendants being fully aware, the Defendants willingly in defiance proceeded with the second day of the retreat, contrary to this Honourable Court’s orders,” Dr Obwaka said.

In a ruling, Justice Sifuna had stated that a court order was not a request but a command that must be respected.

“Disregard for court orders not only undermines the authority of court and the rule of the law but also a recipe for anarchy,” said the judge.

The court at the same time, suspended another case that was filed at a magistrate’s court, challenging the election of Prof Manyora as the board chairman.

Justice Sifuna also blocked the parties from publishing statements or notices to the public or media, regarding the chairmanship of the hospital.

In the matter, senior principal magistrate William Lopokoiyit had suspended the resolutions made on June 30, appointing the University of Nairobi lecturer as the new chairperson of the hospital.

Illegal meeting 

Ms Linsley Mandirani and Ms Yasmin Aligass Mohammed moved to court arguing that the special meeting was done contrary to the law and in complete disregard to the procedures of the hospital.

Ms Mandirani said the special meeting was illegal, unprocedural, and abrupt and in contravention of corporate governance since the requisition to convene the meeting purported to issue a notice that was only 30 minutes.

Ms Mandirani said board members were notified about the meeting at around 8.30 am, on June 30, and it was to start at 9 am.

Two board members- Prof John Mwero and Eric Okeyo, have also sought to join the case and want to state their position on the alleged special general meeting, which they are alleged to have attended.

The two members stated that they did not attend the meeting and the minutes, tabled in court, in support of the case are allegedly misleading.

Justice Sifuna said the court would hear the application after determining the contempt case. “The hearing of any joinder applications and any joinder of further parties to this suit, shall que and await the determination of obedience and compliance with this court’s orders of 3/7/2025,” said the judge.

Dr Onyambu ousted the previous chairman, Dr Chris Bichage, in a similar boardroom coup in March.

Dr Bichage challenged his removal arguing that it not only undermined the independence and operational integrity of the hospital but also jeopardizes the interests of its members and the subscribers of the institution.

The camp led by Prof Manyora had sought a court restraining Dr Onyambu from engaging in any conduct that undermined or interfered with directions and resolutions issued by the board he chaired after being appointed the new chairperson.

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