Boardroom wars are getting ugly at the Nairobi Hospital over tenders after the facility kicked out chief executive officer, Allan Pamba who is demanding Sh218.8 million in compensation for illegal dismissal.
Court documents show that Dr Pamba's ouster is linked to multi-billion shilling contracts for the installation of security apparatus, debt collection services and the construction of a Covid-19 unit in partnership with the United Nations.
Dr Pamba was ousted in October, just six months into his job for failing to provide a performance improvement plan, a claim that he has dismissed.
The former CEO claims his was fired because he refused to prioritize the award of Sh118 million tender for the installation of a new security system for the hospital to Opticom Kenya.
Dr Pamba claimed that there was no need for another security system since the one in place is efficiently functioning. Ousted Nairobi Hospital C.E.O Dr. Allan Pamba [p/courtesy] But he also became a target after he refused to pre-qualify a law firm, Diro Advocates LLP to the panel of advocates representing the Nairobi Hospital. Pamba also refused to hire Earstar (EA) Limited for debt collection services against the requests by a section of the hospital’s board and cartels.
He further linked his ouster to opposing the award of a tender for the construction of Covid hospital by the UN at the Nairobi Hospital to Quest Civil Engineering Limited instead of China Wu Yi Company.
The Chinese firm has been winning every construction tender in the country because of it's close ties with the regime of the day.
“In view of the foregoing, the claimant (Dr Pamba) submits that the respondents’ conduct and his termination was unlawful and constitute a violation of the applicable provisions of the Employment Act, the International Labour Organisation Convention, the Nairobi Hospital Human Resource Manual on Probation and his employment contract,” reads a petition by Pamba pending before the High Court.
Dr Pamba’s who succeeded Gordon Odundo who was also sacked in April 2019 over tender wars is demanding compensation including salary and benefits for the rest of his contract.
His claims include Sh117 million in salary for the remainder of his three-year term, a Sh11.7 million leave allowance, a Sh150,000 telephone allowance, car allowance of Sh13.5 million, Sh3 million for home security, family medical cover of Sh15 million and Sh36 million as salary compensation for 12 months.
Dr Pamba was hired on March 4, 2020 and fired on October 2 through a communication by the hospital's board chairman, Irungu Ndirangu.
He was summoned to a special meeting of the hospital board on October 2 and asked to resign though that his resignation was not listed on the agenda for discussion.
Dr Pamba who also links his ouster to his refusal to accept the extension of his probation for another three months rushed court to restrain the board from terminating his contract till his case is heard and determined but was not successful.
Justice Maureen Onyango declined to grant him restraining orders arguing that Pamba's relationship with the board chairman Dr Ndirangu was already strained to force them to work together.
Through his lawyer, Paul Muite, the ousted CEO said that Dr Ndirangu was supposed to document his performance and forward them to the human resource director but he deliberately failed.