Six officials from Jambo Jipya Medical Clinic in Kilifi County were on Monday charged with defrauding the Social Health Authority (SHA) of more than Sh2 million through falsified medical records.
The six – Patrick Kimuyu Kanya, Faith Chepkurui Bii, Steven Okinyi Ojwano, Justine Baraka, Pauline Wanjiru, and Naida Mbeyu – were flown to Nairobi and arraigned before Chief Magistrate Lucas Onyina at the Milimani Law Courts. They faced eight counts of fraud, including conspiracy to commit a felony, falsification of information, acquisition and use of proceeds of crime, cheating, and forgery.
Prosecutors alleged that the accused falsified patient details and medical records to create the impression that patients had consented to or received treatment at the clinic, allowing them to fraudulently obtain payments from SHA.
Director of Public Prosecutions (DPP) Renson Ingonga, represented by counsels Norah Awiti, Sonia Njoki, and Alice Mathangani, presented the charges, maintaining that the suspects deliberately manipulated patient records to siphon public funds.
However, defence lawyer Ndegwa Njiru challenged the court’s authority to hear the case, arguing that the magistrate lacked jurisdiction. He urged the court to refer the matter to the Ministry of Health Tribunal, which he said is legally mandated to handle disputes between SHA and private health service providers. Njiru cited Section 44 of the SHA Act, which states that “any dispute arising between the Authority and a service provider be resolved by a tribunal.”
In response, Ms. Awiti countered that Article 157 of the Constitution empowers the DPP to initiate criminal proceedings against any individual, even when a tribunal is addressing a related matter.
“The law permits the DPP to commence a criminal case against any suspect even if a tribunal is handling a matter, provided there is criminal culpability,” Ms. Awiti submitted.
In his ruling, Magistrate Onyina agreed with the DPP, noting that the suspects were lawfully before the court and that the charges met all legal requirements.
All six accused denied the charges and applied for release on bond. Prosecutors said five of the suspects inserted or forged patient details, including signatures , to falsely indicate that patients had consented to or been admitted to the facility, enabling them to defraud SHA.
Kanya and Bii faced additional charges of acquiring and using proceeds of crime. They allegedly received Sh2 million fraudulently and later spent the money. The two were also accused of claiming Sh30,000 from SHA for a Caesarean Section, even though the woman in question delivered normally.
Ojwang was charged with forging medical notes for Agnes Chisinde, falsely indicating they were issued by the clinic. Ms. Baraka allegedly forged notes for Lucas Mwamba, while Ms. Wanjiru was accused of falsifying a Cardex entry in Mwamba’s inpatient file.
The court bonded Ms. Kanya and Ms. Bii at Sh600,000 or cash bail of Sh200,000 each with one surety. Mr. Ojwang, Ms. Baraka, Ms. Wanjiru, and Ms. Mbeyu were were bonded at Sh200,000 or cash bail of Sh70,000.
The case will be mentioned on October 21, 2025, for pre-trial directions and fixing of hearing dates.
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