Catholic priest Dr Bill Fryda. [Photo:the-star.co.ke]
Former Catholic priest Dr. Bill Fryda petitioned the Court of Appeal sitting in Nakuru to quash a High Court verdict which declared the Assumption Sisters of Nairobi (ASN) rightful owners of St Marys Hospitals in Nairobi and Gilgil.
Fryda had been ordered to surrender all documents of the Sh3 billion hospitals in Elementaita and Langata under a charitable trust to the management of St Mary’s Mission Hospital Limited and Assumption Sisters.
Through his lawyer Esther Mwangi, Fryda urged the court to stay the execution of the judgment pending the hearing and determination of the appeal. Appearing before the appellate judges, Fatuma Sichale, GBM Kariuki and Sankale ole Kantai, he urged the Bench to stop the implementation of the judgment saying that the Sisters are due to evict him from his offices at St Marys Hospital in Gilgil.
“We humbly urge this court to issue an order to stop the implementation of the judgment since respondents are due to break into the offices and evict my client,” said Mwangi.
Fryda accused the Judge of changing the moral of the judgment in its ruling by saying that the priest would suffer irreparable damage if the property is taken from him and added that services in the hospitals will be interrupted.
He wants the court to issue permanent injunction restraining the nuns from entering and interfering with his use and enjoyment of the premises. The priest moved to the High Court in 2010 seeking orders to bar the Sisters from taking over the facilities. The court, however, declined to issue any orders and directed the priest to file and serve the suit to all the respondents mentioned in the case.