Meridian in bid to halt fraud case

PHOTO | PHOEBE OKALL Meridian Medical Centre Limited directors Ndiba Wairioko and Peter Wambugu in the High Court in Nairobi on October 2, 2013. They were jointly charged with conspiring to defraud the NHIF of Sh116.9 million.

What you need to know:

  • The two argued that the contract between NHIF and Meridian Medical Centre was duly prosecuted and implemented
  • The two filed the suit through the law firm of Muriu, Mungai and Company Advocates

Two directors of Meridian Medical Centre have filed a petition to stop their criminal prosecution over allegations of defrauding the National Health Insurance Fund Sh116.9 million.

Dr Peter Ngunjiri Wambugu and Dr Ndiba Wairioko claim that the decision to charge them alongside former NHIF boss Richard Kerich and the insurer’s two managers Marwa Fathili Chacha and David Kipruto Chingi was malicious with no legal basis to support the charges. (READ: NHIF, Meridian chiefs deny fraud)

DULY PROSECUTED

The two argued that the contract between NHIF and Meridian Medical Centre was duly prosecuted and implemented hence there was no way they could be accused of conspiracy to defraud the health insurer.

The two filed the suit through the law firm of Muriu, Mungai and Company Advocates claiming that the decision to charge them was a result of their case against the government over the termination of the contract.

“The decision to prefer criminal charges against the directors for undertaking their constitutional rights of suing NHIF for breach of contract is actuated by ulterior motives and malice,” they said.