Medical probe of Kenyans taken to Russia blocked

Evans, a Kenyan athlete whose tourist trip to Russia turned into forced military service. [Screen grab]

The High Court has blocked the Directorate of Criminal Investigations from taking away medical tests of former military officers claimed to be among those allegedly recruited to join Russia in war against Ukraine.

Justice Chacha Mwita directed that the DCI should not demand or access medical records from Universal Trends Medical and Diagnostic Centre and Inspocare Health Limited until October 8 when the case will be heard.

The DCI wrote to the two hospitals seeking medical treatments of Vincent Odhiambo and Duncan Moogi.

They were seeking information on persons who paid for the services, and details of all patients whose payments had been made by Global Face Agencies, allegedly at the centre of the recruitment of Kenyans to join Russia's forces.

"Unless restrained by this honourable court, the respondents are likely to proceed with unlawful interference with confidential medical records, thereby causing irreparable harm to our patients and facility thus exposing us to professional misconduct liability," their lawyer Dunstan Omari argued.

This prompted Dr Ndiritu Wangui and Dr Isaac Maundu to move to court. They claimed the move was a violation to the right to the patient's privacy and dignity.

At the same time, Edward Kamau Gituku, the man claimed to be behind the recruitment, sued the investigator Brawel Saima. Gituku alleged that he was not given the right to have a lawyer when Kahawa Law Court magistrate allowed a prayer for him to be held for 10 days.

He claimed he was mentally tortured and physically manhandled without being told what he had done. In the case filed before Justice Lawrence Mugambi, he claimed he had nothing to do with the recruitment.

"I have been subjected to excruciating mental and physical turmoil in the hands of the first respondent and besides praying that I be set at liberty pending the lower court proceedings, I pray that he appears before this court to explain as to why he mishandled me in the manner he has done without a justifiable cause," argued Gituku.

Senior Principal Magistrate Mwanamkuu Sudi on Friday last week, allowed the police to detain the man for 10 days as they probe a suspected human trafficking ring.

In this case, prosecutor Kevin Kamau argued that the investigations were complex and police therefore do not need to rush while investigating the matter. "The extent of the investigations is quite expansive, we are currently pursuing other persons that are involved in this and we believe the respondent is likely to jeopardise the integrity of the investigation," said Kamau.

In an affidavit, the investigating officer Sergeant Bramwel Saima, said Gituku is the tenant of several rented houses in Great Wall Garden estate where the victims were found.