A middle aged year old man has been charged with a sick off form and a prescription after failing to attend court purporting them to be genuine hospital document issued from Nanyuki Teaching and Referral Hospital, a fact he knew to be false.
Erick Kimathi, a father of three is alleged to have committed the offence on unknown dates at unknown place within the republic of Kenya with the intent to defraud.
The accused was also charged with uttering a false document before court at Milimani law courts on September 15th 2016.
He was charged with uttering a sick off form and a prescription form before Resident Magistrate Tobiko N Sinkyiak with intent to deceive purporting them to be genuine hospital documents issued from Nanyuki Teaching and Referral hospital.
Kimathi had another count of giving false information to a person to a person employed in the public service.
He is alleged to have given the false information to Hon. Sinkyiak of court number 5 to the effect that he had sought medication at the said hospital and produced the sock off and prescription forms purporting them to be genuine documents from the hospital.
The accused denied the charges before Milimani courts Senior Principal Magistrate Martha Mutuku.
The prosecutor Solomon Laulikha objected to Kimathi’s release on bond on grounds that he has another matter pending before court which he absconded.
“The accused absconded court and his lawyer told the court that his client was indisposed as he was unwell,” Laulikha told the court.
He further said that upon presentation of the medical documents in court, the Investigating Officer visited the said hospital and found out that the hospital did not issue the said documents to the accused hence the charge before court.
The prosecutor added that the accused had violated the imposed bond terms and was therefore not clean to request for another bond.
“His hands are already tainted, let him clean himself and then appear before you, Laulikha said.
His lawyer Ojijo Kiche opposed the application saying that his client was arrested on July 4th outside the said court 5 after his case yet there has never been any warrants of arrest issued.
Kiche added that the alleged medical documents were presented before court in September 2016 and have since then appeared before the same court four times.
The lawyer also told the court that the IO is related to the complainant in the matter and therefore pushing it forward with malice.
“The charges are malicious as it is not upon the IO to arrest him without authority of the court or a warrant of arrest.
The lawyer also requested the court that the other file be brought before the Magistrate for perusal.
Kiche also brought to the attention of the court that the Investigating has also issued him with death threats and has reported the same at Capitol Hill police station.
The ruling on bond will be delivered on Friday after the magistrate peruses the file.
In the other matter, Kimathi is charged with obtaining Sh 650,000 by false pretenses.
