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KNH staff charged with theft of cancer drugs out on bond

Thursday, May 26th, 2022 00:04 | By
Court Hammer PHOTO/Courtesy

Six Kenyatta National Hospital employees were yesterday charged with several counts of stealing cancer drugs worth over Sh9.3 million.

They are Emily Kagochi, Phillip Owino, Mary Wanjiru, Yvonne Mbuthia, Rose Chepkok and Maureen Onyor. Appearing before Milimani Law Courts Chief Magistrate Micheni Kagendo yesterday, they denied three charges of conspiracy to defraud KNH the drugs valued at Sh9,350,290.

The six were each released on Sh500,000 cash bail with two contact persons or Sh1 million each with a surety of similar amount. “Since the accused have already taken a plea and I have recorded a plea of not guilty, I am going to give bond terms of Sh1 million each with one surety of similar amount or a cash bail of Sh500,000 with two contact persons,” Kagendo ruled.

Prosecution alleges that on diverse dates between April 5 and May 24, the suspects, being KNH employees attached at Kenyatta Prime Care Centre Pharmacy, jointly with others not before court committed an offence of felony, namely stealing of various cancer drugs all valued at Sh4,675,147.

Court heard that among the cancer drugs the suspects stole include five rituximab 100mg, 15 herceptin, bevacizunab 400mg, insulin aspart/ insulin aspart protamine and tocilizumab.

The accused were also charged with other counts of stealing by servant more cancer drugs worth Sh4,675,143 on the same dates and place.

Through lawyers Samson Kinyanjui and Danstan Omari, the accused urged the court to release them on reasonable bail terms. “The accused persons are permanent employees of KNH and such being employees of the government, they will appear in court as and when required for their trial once released on reasonable bail terms,” Kinyanjui stated.

Court was also informed that Kagochi, Wanjiru, Mbuthia and Chepkok have young, breastfeeding children whom they have not seen since their arrest on Tuesday.

Lawful prosecutors

Onyor separately sought for lenient bail terms, saying he was a casual labourer and earns less than Sh10,000 a month. At the same time, Omari questioned the legality of the charge sheet against the accused.

He informed the court that the charge sheet is not properly drafted following the landmark ruling delivered by Justice Antony Mrima on Monday.

Omari quoted Justice Mrima’s ruling that no court in Kenya as from May 23 should accept charge sheets drafted by any investigating agency other than the Director of Public Prosecutions, who has prosecutorial role.  “That prosecution of criminal offences must only be undertaken by lawful prosecutors (being either the Director of Public Prosecutions or such other persons exercising delegated powers of the DPP under Article 157(9) of the Constitution or the entities conferred with powers of prosecution pursuant to Article 157(12),” the judge ruled.

Prosecution, however, informed the court that the charge sheet was properly drafted before it as it has a stamp of the Office of the DPP and a signature by the DPP officer in charge of Milimani Law Courts.

In a brief ruling, the magistrate ordered the two lawyers to file a formal application before the court to determine questions over legality of the charge sheet.

“On the face of the charge sheet there is a stamp by the Kenya Police but I am not going to dwell on whether we can accept as of now owing to the short duration between which the High Court judgment was delivered. I am going to request that the defence files a formal objection to the charges,” Kagendo ruled.

Case will be mentioned on June 7. 

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