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Court stops Nairobi Hospital AGM pending hearing on governance dispute

Justice Lawrence Mugambi restrained KHA and its officials from convening or proceeding with the meeting after activist Okiya Omtatah filed a constitutional petition under a certificate of urgency.

NAIROBI, Kenya, Feb 6 – The High Court has issued a conservatory order stopping the Kenya Hospital Association (KHA), which owns the Nairobi Hospital, from holding its Annual General Meeting (AGM) scheduled today, escalating a legal challenge that places governance within the influential private healthcare lobby under judicial scrutiny.

In orders issued at the Milimani Law Courts, Justice Lawrence Mugambi restrained KHA and its officials from convening or proceeding with the meeting after activist Okiya Omtatah filed a constitutional petition under a certificate of urgency.

“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 scheduled for 6th February 2026,” the court ruled.

The order will remain in force pending further directions, with the matter set for mention on February 23. The court also directed that KHA be formally served with the petition and supporting documents within three days, and responses filed within seven days.

The ruling effectively freezes KHA’s highest decision-making forum, where members were expected to approve accounts, review leadership performance and set policy priorities for the year.

KHA represents private and faith-based hospitals that account for a significant share of Kenya’s healthcare capacity and capital investment.

“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences.”

The legal intervention comes at a sensitive moment for Kenya’s private healthcare sector, which is navigating tighter regulation, delayed insurance reimbursements and policy uncertainty linked to the rollout of universal health coverage reforms.

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