The High Court in Nairobi has issued a conservatory order stopping the Kenya Hospital Association, which owns the Nairobi Hospital, from holding its scheduled annual general meeting.
The ruling, delivered on Thursday, comes amidst a heightened legal battle over the governance and leadership of the medical facility.
Milimani Law Courts judge Lawrence Mugambi issued the suspension after a petition by Busia Senator Okiya Omtatah filed under a certificate of urgency.
Omtatah’s supporting affidavit, sworn on February 3, successfully sought the court's intervention to block the meeting that was originally slated for Friday, February 6.
"A conservatory order is hereby issued restraining the 1st and 2nd Respondents... from convening, holding, conducting, facilitating, or in any manner whatsoever proceeding with the Annual General Meeting of the Kenya Hospital Association," the court order reads.
This directive applies to the respondents’ agents, servants, employees and proxies, freezing any attempt to proceed with the meeting or any subsequent adjournments.
Mugambi directed that the application and the petition be served to the respondents in both hard and soft copies within three days.
The respondents have seven days from the date of service to file their responses to the claims.
The court also issued a stern notice, warning that any disobedience or non-observance of the order would result in penal consequences for the individuals involved.
The order will remain in full force until further notice from the court and the matter is scheduled for mention on February 23, for further directions.
The halt on the AGM is the latest development in a series of leadership disputes at the Nairobi Hospital.
In recent years, the KHA has faced internal friction between its Board of Management and sections of its membership.
These disagreements have frequently centred on allegations of mismanagement, the process of electing directors and the overall strategic direction of the hospital.
The petition alleges financial irregularities and governance issues at the medical facility, including claims of unaccounted funds totaling Sh9 billion.
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