Court Martial summons KDF boss Samson Mwathethe
What you need to know:
- Major Laban Nyambok successfully petitioned the High Court to summon Chief of Defence Forces Samson Mwathethe and five senior military officers.
- He wants them to explain how the Kenya Armed Forces Medical Insurance Scheme works.
- Major Nyambok is being court martialled at Moi Air Base over payment of hospital bills.
The High Court has directed six senior military officers, including Chief of Defence Forces Samson Mwathethe, to appear before a court martial next month.
This is after Major Laban Nyambok, the medical verification officer at Kenya Armed Forces Medical Insurance Scheme, successfully petitioned the High Court to summon them.
The officer, who is being court martialled at Moi Air Base, wants his bosses to appear before his trial as trustees of the medical scheme and shed light on how it works.
Others summoned are Lieutenant General Gondi, Major General S.W. Nandwa, Lieutenant Colonel Keitany and all service Commanders of Kenya Army, Kenya Navy and Kenya Air Force.
Major Nyambok was placed on his defence by the court on February 28. He thereafter asked the court to issue summons to his bosses.
The court allowed his application and issued summons but the court clerk said he was unable to effect service owing to seniority and bureaucracy.
The court then directed the summons be served through the legal department but there was no success because of stringent chain of command.
The Judge-advocate (court appointed magistrate who presides over the case assisted by the military) vacated the orders after he failed to effect the service.
Major Nyambok then testified and after completing his testimony, he made another application for summons but it was rejected. He then moved to the High Court seeking a review of the ruling.
He argued that it was his right to call witnesses and no prejudice would be suffered if any of the bosses appeared.
Major Nyambok further said the witnesses were crucial as they are the only ones who can tell the court the truth about the scheme and say who the complainant in the proceedings is.
He is charged with four counts, including receiving various amounts of money from Anthony Mbithi, the proprietor of Tahidi Nursing Home in Mwingi to allegedly clear payment of fictitious hospital bills in respect of various persons.
It is alleged that between June 6, 2014, and January 27, 2015 while performing the duties of medical verification officer, he approved payment of inpatient hospital bills totalling to Sh206,130 without authorisation.
In her ruling, Justice Grace Ngenye agreed that the ruling was irregular and it was wrong for the Judge-advocate to decline the request.
The witnesses are expected to appear in court on April 12.