Judgment stands firm on Nairobi Hospital management controversy
In the ongoing legal dispute over the control of Nairobi Hospital, High Court Judge Nixon Sifuna has dismissed an application filed to have him withdraw from the case. The application, made by lawyers representing board members Dr Agnes Gachoki, Prof John Mwero, and Eric Okeyo, was seen as an attempt to challenge the judge's impartiality.
The tension in the courtroom was palpable during the proceedings, with a prolonged verbal exchange between Justice Sifuna and Peter Wanyama, counsel for Dr. Barcley Onyambu. Wanyama refused to sit down when directed by the judge, insisting on an oral application for the judge's recusal and demanding a 15-minute health break, which was declined.
The application filed by Dr. Onyambu and a section of the board lacked any substantive evidence to support claims of judicial bias. Senior lawyer Ochieng Oduol, appearing for Dr. Gachoki, argued that the contempt proceedings affected board members directly and sought to challenge earlier court orders barring Onyambu from chairing hospital affairs.
Justice Sifuna found the application to be either a scheme for forum-shopping or a tactic to bully, intimidate, frustrate, and blackmail him into abandoning his judicial duty. He ordered the hospital's CEO, Felix Osano, the hospital's secretary, Gilbert Nyamweya, and embattled chairman, Dr Barcley Onyambu, to appear in person for the contempt proceedings.
Advocate Duncan O'Kubasu, representing Dr. Gachoki, also made similar applications, citing a related suit in the Magistrates' Court challenging the decision to have Herman Manyora take over as the chair. The courtroom atmosphere was tense, with Judge Sifuna at one point ordering all persons except lawyers to leave for a private conference, reflecting the high stakes involved in this boardroom and legal battle over Nairobi Hospital’s leadership.
Justice Sifuna emphasized that justice must be not only done but seen to be done. He dismissed the enjoinment applications, terming them delaying tactics. Oduol strongly criticized Wanyama's courtroom conduct, accusing him of disrespecting the court. Wanyama protested, accusing the court of unfair treatment when his request for a health break was declined.
The Nairobi Hospital management battle involves a legal dispute over control of the hospital, prominently featuring Judge Nixon Sifuna and ousted chairman Dr. Barcley Onyambu. The conflict escalated in July 2025 when Judge Sifuna was set to hear an application for contempt of court against three senior hospital officials, including Dr. Onyambu, the CEO, Felix Osano, and the company secretary, Gilbert Nyamweya. The case illustrates deep governance turmoil within Nairobi Hospital, involving court applications for contempt and a legal struggle impacting senior hospital officials.
- The tone in the courtroom was tense as Judge Nixon Sifuna rejected an application filed by Dr. Onyambu and some board members, accusing him of bias, which they believed to be a political maneuver aimed at challenging his impartiality.
- In the complex politics surrounding the Nairobi Hospital management battle, Judge Sifuna expressed his concern over delaying tactics used in the form of enjoinment applications, which he deemed unacceptable in the pursuit of health policy-and-legislation.
- As the legal dispute over Nairobi Hospital's control unfolded, the epaper headlines were filled with general news stories detailing the courtroom drama, including verbal exchanges, health-related issues, and allegations of judicial misconduct.
