Director of Public Prosecution Keriako Tobiko speaking at a election forum at the Kenya School of Monetary Studies on February 28,2013. Photo/JENNIFER MUIRURI
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A former NHIF boss facing a Sh117 million fraud charge on Thursday claimed the anti-corruption watchdog had no authority to charge him in court.
Mr Marwa Fadhili Chacha, a former director at the National Health Insurance Funds, said the Ethics and Anti-Corruption Commission acted beyond its powers when it charged him over the procurement.
“The circumstances of the charges against Mr Marwa are an entity’s fault of failure to comply with tendering regulations,” his lawyer Mr Joseph Makori told the High Court.
Mr Makori said the commission should have charged NHIF and not Mr Chacha, and wants the court to grant him protection from prosecution.
He expressed fears that other public servants might be arrested and charged in the same manner, and called on the court to strike out the case.
He said the charges were an abuse of court, oppressive, do not disclose an offence and were of an ulterior motive.
TOBIKO AGAINST MARWA
The anti-graft commission and Director of Public Prosecutions Keriako Tobiko opposed Mr Marwa's request.
“DPP had powers to instigate the criminal proceedings after EACC prepared a report,” Mr Tobiko’s lawyer Victor Mulee said.
Mr Ben Murei, for the commission, also asked the court to dismiss the case.
High Court judge George Odunga said he would consider Mr Marwa’s pleading and deliver a ruling on December 17.
Mr Marwa alongside Dr Richard Kerich, Mr David Chacha, Mr Kipruto Chingi, Mr Peter Ngunjiri and Mr Ndiba Warioko are facing fraud and abuse of office charges.
They are accused of committing the offences between December 21, 2011 and February 8, 2012.
They are out on Sh2 million cash bail each and 40 witnesses are set to testify in the case set to begin on February 27, 2014.
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