Officials of the Nairobi Hospital now claim that not all members of the Kenya Hospital Association, which owns the facility, want its board of directors kicked out.
The officials, told the Star that not all members are party to a petition filed in court seeking to hold an extraordinary meeting aimed at kicking out the board of directors.
The officials say the Kenya Hospital Association has more than 3,000 members, of whom some 400 are party to the court battles.
The High Court has since stopped a meeting called by Nairobi Hospital's owners amid a huge fight with its board of directors.
The hospital is owned by KHA, whose members elect the board of directors. The board then appoints the CEO.
Justice Peter Mulwa has twice issued orders to stop two meetings; the first was the AGM called by the board, and the second was an extraordinary meeting called by members some 363 members of KHA.
The 363 members form the section of KHA that wants the board of directors sent home, citing mismanagement.
"Pending the hearing of this application inter parties and determination, a temporary injunction order is hereby issued ex-parte to restrain the respondents from holding an extraordinary general meeting," Justice Mulwa said.
The officials told the Star that only a section of KHA members who constitute about 10 per cent of the KHA membership have petitioned to remove the current board.
"It is not KHA that has done that. Note that KHA has over 3,000 members who have no problem with the current board. Also noted that the extraordinary meeting was called by 363 members of KHA. So it is a section of KHA members and not KHA as a whole that called the extraordinary meeting," the officials said.
In the petition currently before the court, all members of the board of directors, including chairman Chris Bichage and vice-chairperson Philemon Mwaisaka are listed as interested parties.
Other members of the board of directors are Philip Nyamu, Fred Kambuni, Magdalene Muthoka, Barcley Onyambu, Herman Manyora, Benjamin Gikonyo, Geoffrey Ng'etich, John Mwero, Jaldesa Waqo, Peter Waweru, Samson Kinyanjui, and Valerie Gaya.
The 400 members of KHA, through senior counsel Ahmednasir Abdullahi, have gone to court seeking to set aside the orders stopping the extraordinary meeting.
They argue that the court overstepped its mandate in intervening when it was the members who called for the meeting, as per their association rules.
Ahmednasir said the court was not told the whole truth before it issued the orders.