This archive report was first published on 6 July 2021.
On December 4, 2020, a court issued an interim order barring Nairobi Hospital's board from replacing its CEO, Allan Pamba, despite his dismissal in October 2020.
However, the board chairman, Irungu Ndirangu, went ahead and appointed James Nyamongo as the new CEO, which led to Pamba's application for contempt of court.
Justice Nzioki wa Makau dismissed Pamba's request, stating that it lacked merit and that Pamba had concealed material facts within his knowledge, including his earlier unsuccessful attempt to stop the recruitment process.
The court had previously rejected an application for an injunction against the recruitment of a CEO on November 13, 2020, citing that it was not logical to force Pamba and the chairman to work together.
Justice Makau noted that because the court had declined to grant the injunction, it could not be open to Pamba to seek the same request again.
"In doing so without revealing the orders he had failed to obtain, the claimant (Dr Pamba) practised deceit and thereby obtained the orders of December 4, 2020 by concealing material facts," Justice Makau said.
Dr Pamba had urged the court to find the appointment of James Nyamongo as Nairobi Hospital CEO and his subsequent confirmation as null and void, and to refuse to hear the board and the chairman until the contempt is dealt with.
