Winstone Chiseremi @Wchiseremi
It was a sigh of relief yesterday for five former employees of Moi Teaching and Referral Hospital (MTRH) after an Eldoret court cleared them of Sh11.2 million fraud-related charges.
Chief Magistrate Charles Obulutsa acquitted them after the prosecution failed to prove their case against the accused.
The four; Jonathan Kiplimo (Revenue Clerk), Rueben Kipkoech (Clerical Officer), Divinah Chepkemboi (Accounts assistant), Emily Chebet (Records Clerk) and Perez Jepketer (Accounts Clerk were charged that on diverse date between May 30, 2014, and December 19, 2014, conspired to defraud the hospital Sh11.2 million.
In his ruling, Obulutsa said the court considered the prosecution case, defence and submissions and found out that the prosecution failed to prove the charges against the six beyond any reasonable doubt.
Benefit of doubt
“The accused are given benefit of doubt and are acquitted under section 215 of the CPC,” he ruled.
“Despite an audit being done by the cybercrime unit, the prosecution chose not to present their report leaving and adverse interference that it was not favourable to the prosecution,” said the magistrate.
According to the magistrate, the prosecution sought to rely on technology based on the fun soft system. “The system has been discredited and is like a mousetrap, which instead of catching mice only snaps the fingers of the owner of the house,” ruled Obulutsa.
Anne Nafula who was an internal auditor at the MTRH told the court that a query had been raised about a patient’s bill when the receipt showed Sh10,000 had been paid, but the accounts system showed Sh5,000.
She said they went through the financial invoice report and the cashier sheet report, which showed disparities from what the patient paid and what was receipted in the system as less.