Chris Bichage has raised concerns regarding recruiting a new chairman to replace him at the Nairobi Hospital.
Reports indicate that Bichage, who was controversially removed on March 10, claimed that company secretary Gilbert Nyamweya informed board members about a meeting scheduled for 3 p.m. on the same day.
Bichage and other board members arrived to find that a minority group had started the meeting and had already passed a resolution to remove him as chairman and replace him with Dr. Barcley Mogere Onyambu.
“The actions were procedurally unfair and in violation of Articles 47 and 50 of the Constitution, as well as the Fair Administrative Action Act,” a source privy to the meeting told The Kenya Times.
Additionally, it was argued that the board at the time constituted a minority group and that they acted beyond their powers by electing Onyambu through an “irregular and opaque process”.
Also Read: Nairobi Hospital Appoints Dr. Barcley Onyambu as New Chairman
Dr. Bichage Raises Concerns Over Nairobi Hospital Chairman Recruitment Process
According to Bichage’s team, the Kenya Hospital Association (KHA) Memorandum and Articles of Association state that the board chairman should be elected after every AGM.
“The election of the chairman is the first order of business. Only the nine elected directors of the Kenya Hospital Association qualify to elect the board chairman. The Nairobi Hospital is owned by the Kenya Hospital Association,” the source said.
“The emergency meeting improperly elected Dr. Barcley Onyambu as board chairman. The emergency board meeting was neither aligned with nor conducted according to the Memorandum and Articles of Association.”
Furthermore, Bichage’s team argued that the KHA Memorandum and Articles of Association stipulate that a director can only be removed from office if two-thirds of the board members vote in the affirmative.
As such, a chairman can, therefore, be removed from office if he is removed as a board director in a meeting called in accordance with KHA procedures.
“That at no point before or during the meeting was I given an opportunity to defend myself or challenge the decision,” Bichage said.
Also Read: Nairobi Hospital Declares CEO Position Vacant: Qualifications and How to Apply
Court Ruling on His Pleas
Bichage had moved to court seeking the suspension of the Board’s decision.
However, the court declined to grant him an injunction and instead referred the case to the employment and labour relations court.
“Upon perusing the Application dated 11.3.25 alongside the Verifying Affidavit and the Statutory Statement, this court is of the view that the issues therein should be heard and determined by the Employment and Labour Relations Court,” said the judge, John Chigiti.
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