Fresh management row erupts at Nairobi Hospital

A fresh row over the management of Nairobi Hospital has erupted, with a new bid to remove the current board.

The Kenya Hospital Association (KHA), which runs the hospital, alongside 11 doctors, has filed a new case, seeking to have board members led by Dr Barcley Onyambu ordered out of office and to halt a security tendering process.

Their lawyer Charles Kanjama stated that on August 12, 2026, the embattled board allegedly organized an Annual General Meeting in which they were declared as office holders.

 The Law Society of Kenya President claimed that there was no agenda for the meeting and that they used a spent notice of August 12, 2025 as a reference for the contested AGM.

“The resolution passed in the aforesaid meeting installed illegitimate directors of the 14" respondent who, day by day, continue to execute contracts, commit the funds of the 1st plaintiff or applicant company (KHA), altering banking mandates, awarding procurement, appointing and dismissing staff without authority, and unless injunctive orders are issued, the 1st plaintiff or applicant company would suffer irreparably,” argued Kanjama.

Those in court are Dr. Frank Mwongera. Dr. Francis Otieno, Nguru Muregi, Prof Timothy Kagoda, Geoffrey Ng’etich, Dr Alice Nafula, Charles Kariuki, Dr. Patrick Olang’, Dr Joyce Mbedha. Dr Kennedy Koech, Dr Josiah Muthee, Dr David Otieno, Dr Kamal Singh, and Dr Samuel Owinga.

 They sued Dr Onyambu, Dr Samson kinyajui, Dr Agnes Gachoki, Dr Edwin Rono, Prof John Mwero, Valerie Gaya, Anne Njuguna, Moses Ondaba, Prof. Wycliff Wanzala, Lekek Chebii, Engineer Chris Oanda, Dr Silvester Kasuku, Steven Nzaku, Gilbert Nyamweya and KHA board of management.

In the case, Kanjama urged the court to suspend the security tender or any other new procurement until the case is heard and determined.

The senior lawyer argued that there was an existing court order blocking the hospital’s top management from convening an AGM until November 5 this year, when the court will settle a separate case filed last year.

“ The said orders restrained the respondents from convening any meeting of the Board, its committees or an Annual General Meeting, and from procuring for new or ongoing capital projects,” he added.

In his supporting affidavit, Dr. Mwongela, who is the hospital’s chair of the Division of Medicine and a member of the Medical Advisory Committee (MAC), claimed that besides the meeting being convened allegedly contrary to court orders, they were allegedly not also supplied with the health institution’s annual financial records.

He claimed that the current board is illegally in office.

“The Board of Management which would ordinarily authorize legal proceedings is composed of persons unlawfully installed through the impugned meeting, rendering it incapable of resolving to bring this suit; I verily believe no person other than the applicants are willing or able to cause the 1st plaintiff/applicant Company to bring this claim,” he alleged.

The hospital has for the past two years been at the heart of a major fallout between top management, with a series of cases, including one alleging government interference.

In March this year, the board sued the Head of Public Service Felix Koskei, the Director of Public Prosecutions Renson Ingonga, the Director of Criminal Investigations Mohammed Amin, the Kenya Revenue Authority, the Registrar of Companies, and the Attorney General Dorcas Oduor, citing interference with the private hospital.

A day after the Director of Public Prosecutions, Renson Ingonga withdrew charges against three members;  Onyambu, Dr Magdalene Koki Muthoka, and Mwero the hospital’s management, led by Nyamweya, Akiyi Gaya, Prof. Mwero, and KHA accused the government officials of illegally implementing a coup.

 According to them, although the hospital has had internal wrangles, the courts have been the point of call.

However, in their case, the board members claimed that on March 6 this year, it took a different twist when President William Ruto referred to them as crooks, conmen and charlatans.

They further said that Dr. Ruto then vowed that he would ensure that they are kicked out and dragged to court with charges.

“ In the same public address, the President further declared, in unequivocal and categorical terms, that he had "instructed with clarity that persons involved in the affairs of the seventh petitioner would be "removed' and "charged,” court papers read in part.

 The group led by Nyamweya further said that the President’s threats were buttressed by the State House Spokesperson, Mr Hussein Mohamed, who alleged that Koskei had been tasked to ensure stability and strengthen governance within the hospital.

According to them, this was an illegal state takeover of affairs of a private company.

“ The petitioners aver that the cumulative effect of the foregoing public declarations and executive communications was to trigger and legitimize direct State involvement in the internal affairs of a private association, thereby blurring the constitutionally mandated separation between public authority and private corporate governance,” they continued.

The court heard that KRA allegedly started tax assessment, three directors were arrested and charged, and all their vehicles were placed under a caveat by the Asset Recovery Agency (ARA).

However, according to the Nairobi Hospital directors, the moves were premature as the DPP allegedly admitted in court that the investigations were incomplete.

Nevertheless, they further claimed that KRA allegedly started its own probe using the same claims that had been withdrawn in court.

They argued that all this was being done to exert pressure on them to relinquish their positions.

 The directors admitted that they were in court over the hospital’s management. They however, questioned why the Executive was undertaking a parallel process from that of the court.

“ The Petitioners state that these actions were not undertaken through any lawful statutory mandate, nor were they grounded in any enabling legal framework. Instead, they constituted ad hoc and extra-legal maneuvers aimed at exerting State control over a private entity, justified solely on the basis of alleged internal wrangles within the Hospital Community,” the court heard.

They were of the view that the issues bedevilling the premier facility can be resolved without the involvement of the State and its machineries.

At the same time, the directors said that the moves by the police and KRA were in violation of court orders in Kibera and the High Court in Nairobi, which barred the DCI from either summoning or questioning them.

According to them, the DPP and the DCI turned a blind eye to the clear orders and had three of them arrested on a Friday and charged on a Monday.

This, they argued, was an affront to legal process and fairness.

“ This sequence of events demonstrates that the criminal process has been inverted and abused, wherein charges are initiated first, and investigations conducted thereafter in search of possible offences, contrary to established principles of criminal justice,” they said.

The AG, on one hand, told the court that she is not involved in the criminal justice system, while the ARA said that there was evidence to show that it had harassed the hospital’s management.

The Directorate of Criminal Investigations (DCI) also stated that it had not intimidated or harassed them, as the Public Service Commission (PSC) argued that it had been wrongly enjoined in the case. PSC argued that it had not issued any directive or interfered with the hospital’s internal affairs.