BY SAM ALFAN.
Contributors to the National Hospital Insurance Fund (NHIF) will lose Sh1.1 billion if a Nairobi court terminates graft charges against a company contracted by NHIF to collect funds on its behalf.
The court heard that the Director of Public Prosecutions (DPP) intends to drop charges against Webtribe and its Director Robert Muriithi Muna and NHIF CEO Danson Muchemi.
The DPP Noordin Haji told the court that the two will now become state witnesses in the case against former NHIF CEO Simon Kirgotty and 20 others.
“That pursuant to lawful compromise between the DPP and the directors of Web Tribe, the court does grant a pardon to the office of prosecution as enslaved by section 5(1) of the Anti-Corruption and Economic Crime Act. That consequence thereto Muriithi and Muchemi be freed and or discharged as accused persons in this case and or any other case arising from the same or similar fact,” reads the court papers.
However, a Non-Governmental Organisation, Global Legal Action Network, has now written to Ethics and Anti-Corruption Commission (EACC) over the matter when NHIF opted to purchase the payment system from Webtribe for Sh 495.2 million.
The NGO fears that the corruption case will collapse due to lack of evidence leading to acquittal of the accused persons. The letter has since been copied to the National Assembly, Public Service Commission
It is said that Webtribe Linked a three-year deal in 2014 with NHIF to collect monthly contributions on behalf of the fund in exchange for commissions. The contract was extended for a year to 2018 when NHIF opted to purchase the payment system from Webtribe for Sh 495.2 million.
In the letter to the court, senior assistant DPP Alexander Muteti said the two will be prosecution witnesses on condition they avail themselves and their employees to testify in the case against their co-accused persons.
In November last year Muriithi and Muchemi were charged alongside 18 others including former NHIF CEOs Simeon Ole Kirgotty Ole and Geoffrey Mwangi acting company secretary Ruth Sudoi Makallah, senior IT official Gilbert Gathuo Kamau and assistant financial manager Irene Rono and Manger Legal Affairs and Pamela Nyabok over the scam at the Facility.
According to Haji, he wants a charge of fraudulent acquisition of property facing the duo withdrawn and their cash bail of Sh 2 million refunded.
The charge against them state that between August 15,2014 and October 31,2018 at Nairobi County Danson Muchemi and Robert Muriithi Muna Being directors of Web Tribe limited and limited liability company fraudulently acquired public property Sh1,103,063,853.89 from NHIF.
The company was contracted to offer revenue collection services to NHIF without proper planning leading to loss of Sh 1.1 Billion of public funds.
The accused were charged with 17 counts among them abuse of office, willful failure to comply with the law relating to management of public funds among others.
The matter was fixed for hearing on November 18 before Senior Principal Magistrate Thomas Nzyoki.
