Why Court Allowed DPP to Drop Ksh 1.1B Graft Charges Against Ex-NHIF Boss

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The court on Monday, January 23, allowed the Director of Public Prosecutions (DPP) Noordin Haji to drop Ksh1.1 billion in corruption charges against former National Health Insurance Fund (NHIF) CEO Geoffrey Mwangi.

The former NHIF boss was taken to court for alleged losses of Ksh1.1 billion during his tenure from February 2016 to November 2018.

Speak against TBEN.co.keattorney Steve Ogolla gave a detailed account of the proceedings, noting that the decision of the Office of the Directorate of Public Prosecutions (ODPP) to drop the charges was due to a lack of sufficient evidence.

An image at NHIF’s Upperhill, Nairobi County headquarters.

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Nation

The DPP appeared before investigating judge Victor Wakumile and gave sufficient grounds for the charges to be dropped.

“… (the ODPP) concluded that the evidence was not sufficient and then informed the court that it wanted to terminate,” Ogolla stated.

The lawyer referred to Article 157 of the Constitution, sub-article 6, which gives the DPP the power to terminate at any stage before a judgment has been passed any criminal proceedings initiated by its office or through a request submitted to the court submitted.

Ogolla pointed out that Mwangi had initially written to the ODPP to end the case against him.

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“The purpose of today’s ruling was for the court to determine whether there are sufficient grounds to acquit or proceed with the charges. The magistrate stated that there is no reason to reject the application,” noted he up.

According to Ogolla, the magistrate’s ruling was also based on Article 157, sub-Article 11 of the Constitution, which states: In exercising the powers conferred by this Article, the Director of Public Prosecutions shall take into account the public interest, the interests of the administration of justice and the need to prevent and prevent abuse of justice.

Magistrate Wakumile gave the prosecutor 15 days to review the entire file and come up with a solution.

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Mwangi was charged along with 18 others over the alleged misappropriation of Ksh1.1 billion in the fund.

The DPP later dropped charges against Webtribe, a company Mwangi was accused of collaborating with. The former NHIF boss sought the DPP to drop the charges in 2022 following the withdrawal of charges against the company.

At the time, however, Judge Esther Maina denied Mwangi’s application, noting that the DPP had shown sufficient grounds to proceed with the charges.

Undated file image of a gavel on the courtroom bench

File image of a gavel on the bench in the courtroom

TBEN.co.ke

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