Data retrieved from sieved phones and computers will be critical
in the prosecution of National Hospital Insurance Fund CEO Geoffrey
Mwangi and his predecessor Simeon Kirgotty over the loss of Sh500
million.
The prosecution Monday said they would rely on
forensic report from the ICT Authority and cybercrime unit along with
other 20,520 copies, mainly bank documents.
Mr Mwangi,
his predecessor and 17 other officials were also charged with abuse of
office through an irregular award and extension of a contract in which
Sh500 million was lost.
Detectives seized phones,
computers and laptops from the some of the suspects in December where
experts are retrieving phone communication, including Whatsapp messages
that have been deleted and e-mails.
Appearing before
chief magistrate Douglas Ogoti yesterday, principal prosecution counsel
Caroline Kimiri said they had supplied the defence team with all the
documents, save for four reports, including from ICT Authority and
cybercrime unit as well as the statement from the investigating officer.
The
prosecution’s use of computer forensic electronic data -gathering for
legal evidence use that is often deployed in pursuit of terrorists and
drug trafficking probes, will mark a turning point in the prosecution of
white collar crimes.
The State agencies have in the
past used private firms such as East African Data Handlers to retrieve
information from e-mails, computer hard drives and messaging systems
like WhatsApp, including those altered or deleted.
Mr
Ogoti directed the prosecution to serve the documents by May 10 while
the trial date will be fixed by the magistrate, Victor Wakumile, on May
5.
Last week, Justice Mumbi Ngugi allowed the prosecution to serve
the defence team with the bank statements and other documents digitally.
Mr
Kirgotty is charged with seven counts including abuse of office,
failure to comply with law relating to management of public funds and
flouting procurement procedures.
The former CEO
allegedly conferred a benefit by authorising payment of over 545 million
to Webtribe Ltd, a company contracted to collect payments on behalf of
NHIF.
Mr Mwangi is alleged to have extended the contract and authorising payment, which might have led to loss of funds at NHIF.
Mr Mwangi, Mr Kirgotty, MsRuth Makallah and Ms Pamela Nyaboke Marendi denied a charge of engaging in a project without planning.
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