The High Court will rule on the Nairobi Hospital leadership crisis on June 13.
On Friday, the court extended orders barring the new management from taking office.
The court was told that a resolution held by members of Nairobi Hospital on May 15, to remove the current board from office did not comply with the laws of the association.
This was submitting before Justice Francis Tuiyott,.
Fred Ngatia, an advocate representing the Board which obtained orders stopping their alleged ouster, said the notice calling for the special general meeting was not valid because all the requirements were not met.
However, another group led by Maxwell Otieno Odongo, Dr Chris Bichage, Zahra Moi and Dr Irungu Ndirangu, among others, maintained that the extra ordinary general meeting resoundingly rejected John Simba, Coutts Otolo and Allan Gachukia as a directors of the Kenya Hospital Association.
Through lawyer Miller Bwire, Dr Ndirangu and his group maintained that the rival group has no mandate, whatsoever, to exercise functions of as Board of Directors of the KHA;
In his argument, Mr Ngatia said members of the rival group called for the meeting saying they no longer have confidence in the Board.
He said whereas the group obtained signatures from members, some have disowned the signatures while those who petitioned for the meeting did not meet the required number of 50 percent.
He said the request for the special general meeting was rejected by the Company secretary and pointed out the anomalies, including the fact that the names of those seeking to replace the board should be nominated and seconded in writing and reasons for the removal of each member stated.
After the rejection, the members then placed an advertisement in the newspaper and went ahead with the meeting despite meeting the requirements.
He added that the requirements should also have been circulated to the entire 1,205 members. He added that of the 9 members who were proposed to the board, five have allegedly rejected the positions.
On his part, Mr Bwire said they met all the legal requirements and it was upon the company secretary to circulate the documents for the special general meeting to the members. He said there was no obligation at the requisition stage, to give specific reasons for the removal of a director.
In an affidavit attached to the court documents, Dr Irungu further states that KHA members decided to have an extra ordinary general meeting to salvage Nairobi Hospital.
“Purely for the intention of rescuing the KHA and the Nairobi Hospital from the reputational and functional free fall, members of the KHA issuing a Requisition to the Company Secretary of the KHA, expressing that they lacked confidence in the Board,” he said.
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