The Nairobi Hospital.
On March 26, 2025, Fred Kambuni became the second director to resign from the Nairobi Hospital’s Board of Management in three months, as the healthcare facility undergoes a vicious battle for control, which has triggered numerous court cases.
Another doctor, Mbira Gikonyo, had penned his resignation on January 10.
Aside from sitting on the hospital’s Board, Dr Kambuni was also chairman of the hospital’s Medical Advisory Committee (MAC) – tasked with ensuring efficient services and growing the hospital’s brand – prior to his resignation.
Dr Gikonyo was the MAC vice-chairman.
While they have formally resigned, the process of their exit is not complete, something that was affirmed on March 21 when a multi-agency team investigating several allegations of fraud at the hospital obtained court orders freezing bank and M-Pesa accounts of nine directors, including Dr Kambuni and Dr Gikonyo.
Dr Kambuni and Dr Gikonyo should have been replaced following a December election at an annual general meeting. But a court order blocked the new officials from assuming office.
On March 13, members of the Admitting Staff Association (ASA) – an arm responsible for admission and care of patients – held a special general meeting and elected Agnes Gachoki and Timothy Byakika as interim chairperson and vice-chairperson, respectively.
Nairobi Hospital's newly elected interim chairperson of the Medical Advisory Committee, Dr Agnes Gachoki, says she was assaulted as she sought to attend a board meeting.
The MAC and ASA chairperson and vice-chairpersons also sit on the Board of the Kenya Hospital Association – the corporate body that runs Nairobi Hospital.
Their appointment was to last for 60 days.
That move has sparked a wrangle as Nairobi Hospital company secretary Gilbert Nyamweya maintained that the special general meeting and the election held therein were in violation of the December court order.
Dr Byakika, in response, maintained that there was no court order violated.
Dr Gachoki was on March 18 roughed up by security officers manning Nairobi Hospital’s boardroom, where the Board of Managers was holding a meeting.
Dr Gachoki had sought to attend the meeting in her capacity as MAC chairperson but was blocked by security personnel, allegedly on the orders of the Board of Management, which did not recognise her election as MAC chairperson.
She reported the matter to Kilimani police station.
From Presidents to CEOs, Kenyans and foreigners, the mighty in society and the hoi polloi, Nairobi Hospital has, over its 71-year history, hosted thousands of patients on the strength of its reputation as a host for some of the continent’s best medical professionals.
Many, in the medical field and beyond, now wonder, will there be a Nairobi Hospital when the war is over?
When a multi-agency team of detectives raided the facility along Argwings Kodhek road on March 21, it became apparent the kind of allegations levelled against some Board members and senior managers.
Medical Advisory Committee (MAC) Members Dr. Agnes Gachoki (right) and Dr. Job Obwaka both pictured outside the Kilimani Police Station on March 19, 2025 when they had gone to report an assault case against Dr. Agnes after she was denied access to a board meeting at the Nairobi Hospital.
The Directorate of Criminal Investigations (DCI) led that operation, through its economic and commercial crimes unit, which usually investigates white collar crime.
The presence of Kenya Revenue Authority (KRA) agents indicated that there was an aspect of tax evasion in the investigation.
And the Assets Recovery Agency (ARA), which usually pursues forfeiture to the State of proceeds of crime, also had representation in the raid.
The multi-agency team believes that there is enough evidence in Nairobi Hospital’s books of accounts for the years 2015 to 2025, and had obtained search warrants from the courts, allowing it to take several documents from the facility.
On March 24, High Court judge John Chigiti issued orders freezing that investigation pending the determination of a petition that Nairobi Hospital filed.
Nairobi Hospital’s acting CEO Felix Osano claims in the petition that the investigation has been illegally procured by individuals who have been fighting the facility’s Board in other court matters.
Specifically, Mr Osano levels the accusation against Edwin Kipngeno Rono, Agnes Gachoki, Frank Mwongera, Luka Musau, Timothy Byakika, J.D. Patel, Samuel Owinga, Patrick Olang’, Kevin Arunga, David Otieno, Becky Valerie Genga-Eyama and Samwel Muchiri.
Nairobi Hospital filed a suit against Dr Rono, Dr Gachoki, Dr Mwongera, Dr Musau, Dr Byakika, Dr Patel, Dr Owinga, Dr Olang’, Dr Arunga and Dr Otieno – doctors who opposed plans by the facility to borrow Sh4.2 billion.
The 10 doctors are members of the KHA.
Dr Muchiri filed a separate case, and obtained orders temporarily stopping the hospital from borrowing the Sh4.2 billion. Those temporary orders were lifted on March 24, allowing Nairobi Hospital to borrow the money its Board argued is for operational costs and upgrading of medical equipment.
Dr Muchiri argues in his case that the facility is already on its knees and may not survive the weight of borrowings of that magnitude.
In yet another case, Nairobi Hospital’s Board filed a case against 400 members of the KHA who had sought to convene an extraordinary general meeting, with the agenda being to fire the entire Board of Management.
Kenya Hospital Association Board chairman Chris Bichage.
Former Board chairman Chris Bichage, who led the hospital in filing or defending those cases, has now started a battle within the war.
Dr Bichage was first elected chairman in 2023. His term was extended by one year at a December 2024 annual general meeting.
But on March 10, the Board resolved to replace him with Barcley Onyambu. Dr Bichage was retained as a Board member.
He filed two cases challenging the removal as chairman but was not granted the orders he sought to block Dr Onyambu from assuming office.
Acting CEO Mr Osano has accused the multi-agency team of shooting in the dark, as he claims that the hospital has not been informed of a specific issue being investigated.
The DCI demand for documents dating back to 2015, Mr Osano claims, is a fishing expedition that detectives hope will yield an offence.
The Attorney-General’s office has asked Justice Chigiti to set aside the order suspending the investigations, by giving hints of what the detectives are looking into.
State Counsel Kariuki Ragui in an application says that the detectives are investigating abuse of office, fraud, forgery, money laundering and membership and financial malpractices.
Those offences, Mr Ragui holds, date back to 2015 and were allegedly committed by current and past senior officials of the hospital.
The Attorney-General’s office further holds that the Board of Managers has gone before Justice Chigiti’s court with soiled hands, as hospital staff were on the day of the multi-agency team’s raid caught red-handed trying to destroy documents that contain evidence critical to the probe.
“Noting that the applicant’s (Nairobi Hospital) Board of Directors, the Company Secretary and their agents have systematically attempted to conceal and destroy evidence since the investigation began, should the orders not be lifted, there is a likelihood of further destruction of evidence that is in the possession of the applicant in an attempt to obviate the truth,” Mr Ragui said in his court filings.
As the parties do battle, the court cases keep piling up, further complicating the situation.
bwasuna@ke.nationmedia.com
