Nacada boss John Mututho has been put on his defence in a Sh41 million fraud case.
A magistrate on Thursday ruled that the prosecution had proved a case against him over fraud against Kenyatta National Hospital.
Mr Mututho, through his company Countryside Supplies, is accused of claiming Sh41.3 million from the hospital as duty refund for goods he had imported for the hospital 13 years ago.
The case began before he became chairman of the National Authority for the Campaign Against Drug Abuse (Nacada).
In a ruling in Nairobi on Thursday, Magistrate Ellena Nderitu dismissed Mr Mututho’s request that the Nacada boss, a former Naivasha MP, be acquitted for lack of evidence.
“I have analysed all the evidence by the prosecution and the rival submissions by defence lawyer Cliff Ombeta. I conclude that the prosecution has established a case against Mr Mututho,” she ruled, directing that he should defend himself on May 16.
The prosecution had called 15 witnesses.
Mr Ombeta said the former MP would not call any witness but would present evidence by himself through a sworn statement. Mr Mututho, who is out on bond, has denied that he fraudulently obtained the money from the hospital.
He said the money was a tax refund for imported bedside lockers for patients. The lockers were imported by Countryside Supplies.
The MP is accused of obtaining the money using false documents from the Kenya Revenue Authority.
The offence was allegedly committed between August and December 2001. The criminal case was filed in 2005.
In 2009, he obtained orders blocking further charges against him.