Big win for Nairobi Hospital chiefs as court lifts freeze on board meetings

Managers of The Nairobi Hospital have scored a major win after the Court of Appeal lifted a freeze on board and committee meetings, a move that had threatened to cripple key operations.

Court of Appeal judges Patrick Kiage, Jamila Mohamed and Weldon Korir also stopped on Tuesday any further proceedings before the High Court, which had frozen the board meetings.

Hospital chiefs, led by board of management chairman Barcley Onyambu, CEO Felix Osano and company secretary Gilbert Nyamweya, had moved to the appellate court to challenge a ruling by High Court judge Nixon Sifuna, who had dismissed their notice of change of advocates and another notice on withdrawal of suits.

The three are facing contempt of court applications before Justice Sifuna for allegedly proceeding with a retreat in Naivasha against court orders.

Onyambu, Osano and Nyamweya had also sought the judge’s recusal from the matter. However, Justice Sifuna also declined the request to recuse himself, ruling that the application was either a scheme for forum shopping or a tactic to bully, intimidate, frustrate and blackmail him into abandoning his judicial duty.

Aggrieved, the trio moved to the Court of Appeal seeking urgent orders to stay the proceedings before the High Court pending a determination on their intended appeal.

They also sought orders to lift the freeze on board meetings.

Appeal judges Kiage, Mohamed and Korir on Tuesday issued temporary orders staying proceedings and all orders issued by the High Court pending delivery of their ruling.

The court said it will give its ruling on October 9.

In the High Court, Justice Sifuna had proceeded with the contempt of court hearing against the hospital bosses and had set a ruling for next week September 23.

The appellants claimed the existing orders that froze board meetings had restrained the hospital management from executing key resolutions because most of the decisions are made through the board.

“The board of management plays a critical role in making urgent administrative and operational decisions necessary for the continued functioning of the applicant. The interim orders have therefore disrupted the hospital’s functioning and crippled its governing and operational capability,” they said in the notice of appeal drawn by Okubasu and Munene Advocates.

They had faulted Justice Sifuna, claiming he had imposed on them advocates after they disowned the lawyers who had previously acted for them in the matter.

The hospital chiefs pleaded with the Court of Appeal to suspend the High Court proceedings arguing their case had a high chance of success and that it would be rendered nugatory, if successful, should the orders sought not be granted.