BY SAM ALFAN.
A court sitting in Nairobi has acquitted Former National Hospital Insurance Fund(NHIF) boss Richard Langat Kerich and two former directors who had been charged with defrauding NHIF 96 million shillings.
Milimani Senior Principal Magistrate Martha Mutuku ruled that the prosecution failed to prove the case against the three beyond reasonable doubt.
“There’s no evidence provided in court to show that NHIF lost money inthe said contract between NHIF and Clinix”said mutuku
In her judgment the court noted that the prosecution did not tender evidence to show that the accused persons abused their offices while signing the said tender documents to clinix.
The court ruled that the accused had no role in awarding the tender. “I acqict them under section 215 of the CPC, ” ruled the magistrate.
The court faulted the prosecution for not calling any NHIf officer to testify to court and explain the role the accused persons played in NHIf being senior officials of the NHIF.
According to the court this would have helped the court to know the role they play and if their role amounted to abuse of office.
The three Richard Kerich, Marwa Fadhili,David Kipruto Chingi and clinix Healthcare had earlier been found guilty of the four charges.
The prosecution called a total of 28 witnesses who testified against the 6 accused persons.
In August court found former NHIF bosses has a case to answer.
Nairobi Senior Principal Magistrate Martha Mutuku ruled Richard Kerich, Marwa Fadhili Chingi, David Kipruto Chingi and clinix Healthcare Limited will stand full trial after DPP supplied enough evidence to prove their fraud case.
However the trial court set free Clinix Healthcare Chief Executive Officer Toddy Madhahana and Clinix Director Anthony Kalathir Chacko.
The trial Magistrate made a short ruling but directed to give reasons later.
Kerich is accused on diverse date between 1 day of July and the 13 of March , 2013 at NHIF Building in Nairobi conspired to defraud NHIF Kshs 96,565,125 by causing NHIF to enter into contract with Clinix Healthcare Limited for the provisions of primary Health Care and treatment services under the civil servants and disciplined service medical scheme outside Nairobi while knowing Clinix had no capacity to provide such services.
Kerich denied any wrong doing in the matter.
According to court documents filed by Kerich for his defence, he accused EACC for selectively tendering evidence that suited their false theory.
“NHIF did not sign any contract with the 6 accused yet out of Kshs 202,,161,187,50 paid to the 6 accused Kshs 96, 565,125 was deemed unlawful but Kshs 105,596, 062,50 was deemed lawful” said Kerich in his defence.
He claimed EACC and DPP misled the court that payments were being made on account of the number of branches a service provider had when the truth of the matter is that payments were being made on account of the number of members capitated to a provider.
“In fact out this horrendous error and conclusion the accused persons were recommended by the DPP to be charged in court” Kerich claimed.
Kerich was charged alongside former NHIF assistant manager David Chingi ,Marwa Fadili Chacha, Toddy Mahadana , Anthony Kalathir Chako and Clinix Healthcare Limited.
According to the prosecution NHIF did not use any procurement process in the identification of providers for the civil servants medical scheme.
The prosecution called a total of 28 witnesses who testified against the 6 accused persons.
The six were charged with conspiracy to defraud the NHIF over 96 million shillings by causing NHIF to enter in to a contract with Clinix Health Care for provision for civil servants and disciplined forces outside Nairobi County knowing that the said Clinix Health Care Limited had no capacity to provide such services.
The prosecution claimed that there was no public procurement of Clinix Health CARE Limited to provide services for civil servanst as required by the Public Procurement and Disposal Act 2005.
“There was no competitive bidding process and Clinix was a as a result given undue advantage over other qualifies medical providers, “submitted Karuri.
Further Mr Karuri said that Clinix did not have accredited facilities outside Nairobi.
“The prosecution submits that it has established a prima facie case against the accused persons on all counts and prays that this honorable court places all the accused persons on their defense,”submits prosecution.
NHIF Procurement Manager Pamela Nyaboke Marendi told the court that NHIF did not use any procurement process in the identification of providers for the civil servants medical scheme.
