The prosecution of Clinix Healthcare employees over corruption charges has been suspended pending hearing and determination of a suit filed by the two at the High Court.
The prosecution of Clinix Healthcare employees over corruption charges has been suspended pending hearing and determination of a suit filed by the two at the High Court.
Toddy Madahana and Antony Chako moved to the Judicial Review division of the High Court to stop the case slated for Wednesday morning, claiming that the suit is discriminatory and contrary to the law.
They were scheduled to take pleas Wednesday morning alongside former National Hospital Insurance Fund (NHIF) boss Richard Kerich, former NHIF assistant manager David Chingi and Mr Chacha Marwa.
The Magistrate Court last week postponed the answering of charges by Mr Kerich and Mr Chingi to allow Mr Marwa, Mr Madahana and Mr Chako, who were outside Nairobi, to appear in court.
“An order of stay of plea is granted pending hearing and determination of the case or until further orders of this court. Hearing on November 26,” ordered Justice George Odunga.
The judge also allowed the Ethics and Anti-Corruption Commission (EACC) to join the case as an interested party.
The Clinix employees had earlier moved to the Constitutional and Human Rights court to forestall the charges but withdrew the suit and filed a fresh case to challenge the charge.
They accuse the director of public prosecutions and the Chief Magistrate Court of approving and accepting defective and unsustainable charges.
Mr Madahana and Mr Chako claim that Clinix is not a person capable of conspiring to defraud and accuse the DPP of engaging in a witch hunt.
They question the modality used to pick Mr Madahana, who is not a director, for prosecution from other employees of Clinix.
The company defends its contract and blames the turn of events on rivals and politicians.
Last month, Mr Kerich, Mr Chacha and Mr Chingi were charged in court over alleged conspiracy to defraud NHIF of Sh116.9 million alongside Meridian Medical Centre directors Peter Wambugu and Ndiba Wairioko.