Nairobi Hospital ex-CEO loses bid to get board chair jailed

 

Sacked Nairobi Hospital CEO Allan Pamba has lost his bid to get chairman Irungu Ndirangu jailed for six months for replacing him despite an interim court order barring the dismissal.

Dr Pamba, who was sacked in October last year, wanted the labour court to punish Dr Ndirangu for contempt of the court’s order issued on December 4, 2020.

The order barred the board from headhunting, advertising, carrying out interviews, recruiting, employing or appointing a substantive chief executive officer to replace Dr Pamba.

But Justice Nzioki wa Makau dismissed Dr Pamba’s request, saying it lacked merit.

The judge said that when Dr Pamba approached the court he concealed material facts within his knowledge. For instance, he failed to disclose that he had earlier unsuccessfully sought to stop the recruitment process.

Justice Makau noted that the court, through Justice Maureen Onyango, had rejected an application for an injunction against the recruitment of a CEO on November 13, 2020. 

In declining to stop the recruitment, the court had said it was not logical to force Dr Pamba and the chairman of Nairobi Hospital to work together.

Thus, Justice Makau said that because the court had declined to grant the injunction, it could not be open to Dr 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.

The judge said an allegation of contempt of court is serious because if proved, it would greatly undermine the authority of the court. “It is therefore imperative that the court gets to the bottom of the matter and determine if the court orders were wilfully disobeyed.”

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.

He had also urged the court to refuse to hear the board and the chairman until the contempt is dealt with.

In opposing the contempt application, the hospital and the board chairman said that because Dr Pamba was guilty of material non-disclosure of facts within his knowledge, he could not be allowed to profit from his wilful deception of the court.

They added that they could not be said to have wilfully disobeyed the court’s order when the act complained about – Dr Pamba’s being replaced as CEO - had occurred before the December 4, 2020 order was issued.

In the case, Dr Pamba is seeking reinstatement or Sh218.8 million in compensation from Nairobi Hospital.   BY DAILY NATION