Sacked Nairobi Hospital CEO fails to have chairman jailed six months

The former CEO accused the institution of hiring his replacement despite a court order. But Justice Nzioki wa Makau accused Dr Pamba of concealing some facts about the case, to the court.

The judge said Dr Pamba failed to disclose to the court that another judge had rejected his bid to stop the recruitment process in November last year.

“The Court having declined to grant the injunction, it could not be open to the Claimant (Dr Pamba) to seek the same, and in doing so without revealing the orders he had failed to obtain, the Claimant practiced deceit and thereby obtained the orders of 4th December 2020 by concealing material facts,” the judge said.

Dr Pamba, who was sacked last year amid tenders row at the country’s premier hospital had accused the facility and Dr Ndirangu of willfully disobeying a court order by replacing him yet the matter was in court.

The former CEO who was sacked in October, said his former boss acted in bad faith and in total disregard of the court’s authority by making the appointment.

"It is apparent that the Respondents acted in bad faith and in total disregard of this Honourable Court’s authority in appointing Mr James Nyamongo as the Chief Executive Officer for Nairobi Hospital," Dr Pamba said in an affidavit. He claims that his firing stems from his refusal to award contracts to certain companies as pushed by some board members.

The hospital said in defence that Dr Pamba was aware that the process of recruitment of the CEO was underway and his attempt to stop the process was declined. In the petition, Dr Pamba said he performed his job diligently for six months and was willing to continue for the remainder of his three-year contract, but it was unlawfully terminated.

If not reinstated, Dr Pamba wants the hospital to pay him Sh218.8 million compensation for the unlawful sacking.