The entrance to the National Hospital Insurance Fund building in Nairobi. FILE PHOTO |
NATION MEDIA GROUP
The National Hospital Insurance Fund has lost a bid to stop a medical provider’s quest for over Sh600 million in compensation.
In
a ruling delivered by High Court judge Jacqueline Kamau, Meridian
Medical Centre’s Langat Kerich, Marwa Fadhili Chacha, David Kipruto
Chingi, Peter Wambugu and Ndiba Wairioko’s criminal trial proceedings as
well as the compensation suit will proceed separately.
Whilst
dismissing the Fund’s application that sought the higher court’s case
be halted until the trial is completed, the judge said that matters in
both courts were similar hence there was no need to waste time over
which trial should be using to make its findings.
The
judge said that there was no satisfactory reason to warrant orders
because it would give a clear indication of preventing the ends of
justice from taking its own course.
“This matter has
since been certified as ready for hearing and indeed a hearing date
taken but it did not proceed, it is time the trial goes on and be
determined on its own merits, without fear of the outcome’s impact on
this case or vice versa,” she said.
Meridian got into a
contract with NHIF on November 8, 2009 for providing outpatient medical
care and treatment services to the funds’ beneficiaries under a pilot
project in which several clinics had been gazetted.
And
on January 1, 2012, the two signed a contract for providing primary
healthcare and treatment facilities to all civil servants and members of
the disciplined services.
But Meridian was alleged to have been setting up and equipping clinics during this period, contrary to what it had presented.
It
is then that NHIF became aware of this anomaly, terminated the said
contract on June 14, 2013 after giving three month's notice to Meridian
and the officials were then charged before an anti-corruption court.
DISMISSED THE APPLICATION
While
the officials moved to the High Court claiming breach of contract and
seeking over Sh 600 million, NHIF filed an application to stop the case
from going on until the trial is completed.
According
to NHIF, the anti-corruption case is aimed at finding out whether there
was a conspiracy to defraud the Fund and the basis of the termination of
the contract because the witnesses set to testify in both cases were
the same.
However, Meridian claimed that the two suits were different and wanted the application dismissed.
The
judge said that there was no way the trial would be stopped because of
the High Court’s case or the latter be halted to await the outcome of
the former and dismissed the application with costs to Meridian.
The
five Meridian officials had been charged with conspiring to defraud
NHIF of Sh116 million and were released on Sh 2million bail.
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