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By Wilfred Ayaga
Nairobi, Kenya: A bid by two former managers of the National Hospital Insurance Fund (NHIF) to have criminal charges against them halted was Tuesday dismissed by the High Court.
Marwa Fadhili Chacha and David Kipruto Chingi suffered a blow when the High Court ruled that their trial over the loss of more than Sh116 million from NHIF coffers will proceed.
The Ethics and Anti-Corruption Commission (EACC) says the sacked managers were at the centre of a scheme that involved channelling funds to the accounts of two sham companies — Meridian Care Centre and Clinix Heath Care — under a plan that was meant to provide health care services to civil servants and members of the disciplined forces.
Marwa and Chingi had asked the court to halt the criminal proceedings against them pending the hearing and determination of a petition challenging their prosecution. They had expressed reservations with the case proceeding despite the judicial challenge they have instituted.
However, Justice George Odunga noted in his ruling that the two had failed to convince the court that they would suffer prejudice if the case against them at the magistrate’s courts proceeds concurrently with the petition challenging their prosecution.
He said most of the arguments advanced could be canvassed during the hearing of their petition.
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