Ousted Nairobi Hospital chairperson Chris Bichage has filed a fresh petition challenging his removal from the post.
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 hospital but also jeopardises the interests of its members and the subscribers of the institution.
Justice Moses Ado directed his lawyers to serve the court documents on the board of management of the hospital as well as Dr Barcley Onyambu, who was picked to replace him.
“That the application is hereby certified urgent,” ruled the judge as he directed the parties to appear before him on April 8 for directions as to the hearing of the case.
Dr Bichage had pleaded with the court to grant him a temporary order, allowing him to continue discharging his duties as the chairperson of the hospital, pending the determination of his case. He also sought a temporary order suspending the appointment of Dr Onyambu.
Dr Bichage had rushed to court earlier this week but the matter was transferred to the Employment and Labour Relations Court by High Court Judge John Chigiti.
The ousted chairperson was first elected to the position in 2023 for one year, a term that extended for another one year during the hospital’s Annual General Meeting held on December 4, 2024.
He stated that a notification dated March 10, 2025, was sent out to board members and he arrived to 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.
Dr Bichage said the hospital’s Articles and Memorandum of Association mandate that the chairperson to serve as 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.
The board management 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 submitted that the board failed to issue prior and adequate notice to him, 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 impediment to certain vested interests.
