Ousted Nairobi Hospital chairman Dr Chris Bichage has filed a fresh petition challenging his removal from office.
In a case certified as urgent by the High Court, Dr Bichage said his removal and demotion not only undermined the independence and operational integrity of the premier hospital, but also jeopardised the interests of its members and the institution's subscribers.
Justice Moses Ado directed his lawyers to serve the court documents on the hospital's board and Dr Barcley Onyambu, who was chosen to replace him.
The judge ordered the parties to appear before him on April 8 for directions on the hearing of the case.
Dr Bichage had asked the court to grant him an interim order allowing him to continue to perform his duties as chairman of the hospital pending the determination of his case. He also sought an interim order suspending the appointment of Dr Onyambu as chairman of Nairobi Hospital.
Dr Bichage went to court earlier this week but High Court judge John Chigiti transferred the case to the Employment and Labour Relations Court.
The ousted chairman was first elected to the position in 2023 for a one-year term, which was extended for another year at the hospital's annual general meeting on December 4, 2024.
He said a notice dated March 10, 2025 was sent to board members and he arrived at the meeting to find that he had already been dethroned.
“That the applicant was not afforded an opportunity to be heard by the 1st Respondent (the board of management) before action was taken against him,” he said.
The former chairman said the board acted arbitrarily and in contravention of the principles of fair administrative action, since he was never informed of the decision to remove him from the position.
He said the board failed to give him prior and adequate notice, informing him of the request and convening of the meeting.
“The applicant (Dr Bichage), who was the chairperson at the time, was not aware of the meeting and did not participate at all,” he said.
Dr Bichage said he was apprehensive that he was removed because he was an obstacle to certain interests.
He said the hospital’s Articles and Memorandum of Association mandate that the chairperson is a key fiduciary officer and his appointment must follow a clear and lawful process and be done in consultation with the members of the Kenya Hospital Association.
