Two NHIF officials accused of disobeying court orders have been released on bail after spending five days in custody.
NHIF Chief Executive Officer Geoffrey Gitau Mwangi and Finance Director Wilbert Kiplangat Kurgat on a bond of Sh 1 million or alternative cash bail of Sh 500,000.
Additionally Chief Magistrate Francis Andayi ordered the two provide one contact person, deposit their passports and other travel documents and not leave the jurisdiction of the court without permission.
While delivering the ruling, the Magistrate said he was unable to deduce there exists a strong case against the two since he has not seen the evidence from the prosecution supporting the same.
The two are accused of disobeying a lawful order issued by Honorable Resident Magistrate Sinkiyian Tobiko on 25th September 2018 in miscellaneous Criminal application No. 3569/2018 requiring production for scrutiny of any book/s of evidential value in connection with investigations being undertaken by DCI.
He also pointed out that the prosecution had not disclosed who the witnesses in the matter are or how they can be interfered with by the accused persons.
The Magistrate went ahead to rule that the state failed to explain how the police intends to obtain the documents upon detention of the two officials.
Mwangi and Kurgat are suspected to be involved in the NHIF multimillion scam.
The officials are accused of refusing to surrender payment vouchers and other books of evidential value in relation to payment of millions of shillings to Webtribe Company Limited.
The prosecution had opposed their release on bond on grounds that the two had disobeyed a court order and there was a likelihood of repetition if granted bail.
The accused are alleged to have committed the offense on 21st November 2018 at NHIF Headquarters along Ragati road, Upperhill within Nairobi county.
Mwangi and Kurgat are also accused of conspiring to defeat justice by knowingly preventing the execution of the court order by RM Tobiko between 26th September and 23rd November 2018.
The two pleaded not guilty to the charges.
He investigators accuse the CEO of sending an SMS to Kurgat directing him not to share the documents demanded by the investigators.