If September is a lucky month, then Clinix  Health Care Limited directors Toddy Madahana and Anthony Chako may walk, alongside  former NHIF boss Richard Langat Kerich, Marwa Fadhili Chacha and David Chingi.

Two scenarios emerge as of any criminal trial , an acquittal for lack of sufficient evidence or the nailing on the cross, for the plunder of public funds, estimated at Ksh100 million, arising out of a contract with Clinix Health care limited for the provision of primary health care and treatment services under the Civil servants and Disciplined Services medical scheme, “while knowing that the said Clinix Heath Care Limited had no capacity to provide such services.”

“There was no public procurement of Clinix Health Care Limited to provide services for civil servants as required by law….” the prosecution submitted.

Services not rendered

Kerich is accused of using his position as NHIF chief exec to influence the implementation of the civil servants medical scheme!

“The accused person was the accounting officer as per section 27(2) of the NHIF Act and was vested with the responsibility of ensuring NHIF fulfills its obligations…by approving payment to Clinix Health Care limited for un-accredited facilities abused his office and conferred a benefit of Ksh95,565,125 to Clinix Health care limited for services not rendered,” prosecutor Daniel Karuri submitted.

Karuri said the six accused persons conspired to defraud  NHIF of Ksh96 million by entering into a fraudulent contract.

“The fact that the entire NHIF board was suspended during the early stages of implementation of the civil servants’ scheme points to the failure of the team comprising the 2nd and 3rd accused persons that were appointed by the 1st accused(Kerich) to manage the said scheme,” the prosecutor said.

Unaccredited facility

Clinix, the court heard, “did not have capacity to fulfill its obligation under the said contract-it was an unaccredited facility(those not declared hospitals) and were not authorised and are not permitted by the NHIF Act.

Madahana, the court heard signed the contract as CEO of Clinix with the full knowledge that it did not have capacity to fulfill its obligations jointly with  Chako, as director and obtained Khs 96,565,125.

“The memo approving payment to Clinix clearly stated the payment was for services provided by 38 facilities when only 4 facilities had declared hospitals,” the prosecutor submitted.

Clinix did not have accredited facilities outside Nairobi and as stated by a number of witnesses a number of purported facilities did not exist as confirmed by the inspection team comprising MSPS and NHIF officials.

“The NHIF Act does not allow payment for services provided by unaccredited facilities…” Karuri submitted.

Watch space for next post on the suspect’s line of defence, awaiting judgement day.