DPP approves charges against NHIF's chief, finance boss

The Director of Public Prosecution has approved charges of conspiracy to obstruct justice and disobedience to lawful orders against National Hospital Insurance Fund chief executive Geoffrey Mwangi and Finance and Investments director Wilbert Kurgat.

This is with regard to the probe into claims of misappropriation of funds, irregular award of tenders and the manipulation of systems at the NHIF.

CRUCIAL DOCUMENTS

Mr Mwangi and Mr Kurgat were arrested on November 23 on allegations of obstructing ongoing graft investigations at the insurance company.

The NHIF is reported to have lost Sh93 million after it emerged that a 23-acre parcel of land it claimed to have bought in 2002 actually belongs to a group from the Maasai community.

In a statement on Saturday, DPP Noordin Haji noted that Mr Mwangi and Mr Kurgat denied officers of the Directorate of Criminal Investigations (DCI) access to crucial documents - payment vouchers and other books that were deemed important to the investigation.

"Investigations by the DCI have revealed that the two individuals jointly conspired to obstruct the course of justice by denying the DCI officers access to the crucial documents," Mr Haji said.

He noted that upon reviewing the file submitted by the DCI, he found there was sufficient evidence to support the two charges against the officials.

WIDE SEARCH

DPP Haji explained that the investigation began in September, when officials looked into various corruption scandals at the NHIF.

The DCI then filed an application to search and inspect the offices as well as the private and business premises of 14 parties.

They included the NHIF; the CEO; the finance boss; Information Technology director Gilbert Gathuo Kamau; Staregy, Planning and Marketing director Nichodemus Odongo; Corporate Services director Dinah Kirwa and Head of Registration, Compliance and Operations Gibson Kamau Muhoho.

The others were Johnstone Ouma (procurement officer), Hannah Waitherero Muriithi (NHIF), Grace Gathoni Kimani (NHIF), Naomi Aluoch (NHIF), Gilbert Osoro (NHIF) and Kimulwon Bulut Chesaina (NHIF).

BOOKS
The probe also required the inspection of books with relevant entries, an audit of the systems at the fund, imaging of servers and the confiscation of any materials that would be helpful.

Computers and electronic were equally to be taken away.

The DPP noted that the DCI was granted the search orders on September 25 by Resident Magistrate Sinkiyan Tobiko.

It was served on the same day by officer Nephat Marubu to the chief executive officer and as a result, the NHIF surrendered several documents to police.

Searches followed between September 26 and 28 and several documents were seized. In addition, staff members recorded statements.

The DPP said, however, that despite the court order and several visits by Mr Marubu and his team, Mr Mwangi and Mr Kurgat "refused to surrender payment vouchers and other books of evidential value in relation to payments of hundreds of millions of shillings to Webtribe Limited".

They will be arraigned on Monday on the two charges related to the obstruction of justice in the matter.

EDITOR’S NOTE:

This story has been updated to remove the names of individuals and businesses initially listed by the DPP but later dropped.