, NAIROBI, Kenya, Nov 26 – Nairobi Chief Magistrate Francis Andayi is on Tuesday set to determine whether National Hospital Insurance Fund (NHIF) CEO Geoffrey Mwangi and Finance Director Wilbert Kurgat will plead to charges of conspiring to defeat justice.
This is after the two through their lawyers objected to the charges, insisting they are defective.
The lawyers told Magistrate Andayi on Monday that charges leveled against Mwangi and Kurgat are not specific and therefore do not meet the constitutional threshold.
They faulted the prosecution for failing to disclose all the information with regards to legal provisions allegedly violated by the accused persons.
“Taking plea must not be a ritual but should be meaningful to the court and accused persons,” Magistrate Andayi heard.
The court was asked to defer plea taking until such a time that a charge sheet which meets the constitutional threshold is presented.
Prosecution lawyer Alexander Muteti however urged the court to reject the application.
“They know why they are in court and what is expected of them .The charges are specific, and the statement of offence is very clear,” argued Muteti.
Mwangi and Kurgat are alleged to have conspired to block investigators from accessing documents such as payment vouchers and other books of evidential value.
The probe is in relation to hundreds of millions of shillings paid to a software development and consultancy company specializing in payment systems, management systems, card-based systems, and system integration.
The two will be held in Muthaiga Police Station until Tuesday when the court will determine their application.