• Francis Awino says if the probe finds Evanson Kamuri criminally culpable, the Director of Public Prosecutions should prosecute him.
• Awino has based his case on the findings of the Auditor General's report for the year ended June 30, 2020.
Image: FILE
A human rights defender has petitioned the high court seeking to have the chief executive officer of Kenyatta National Hospital probed over alleged abuse of office.
Francis Awino says if the probe finds Evanson Kamuri criminally culpable, the Director of Public Prosecutions should prosecute him.
Awino has based his case on the findings of the Auditor General's report for the year ended June 30, 2020.
The report shows a contract signed between KNH and the National Health Insurance Fund (NHIF) to treat NHIF members.
Awino says the contract continues to cripple the hospital especially after it incurred a Sh313 million loss from the contract.
He said the findings by the Auditor General was that KNH will continue to incur losses if the reimbursable amounts are not reviewed.
"Despite being aware of this, Kamuri continued to perform the contract entered into with NHIF incurring losses for the hospital.”
A review of the records shows that the KNH entered into a two-year renewable medical service contract with the Fund with effect from August 1, 2008 to July 31, 2010.
"Since the contract provided for continuous engagement between the parties, the hospital through several letters in 2013 and 3014 raised concerns on losses incurred due to the unfavourable contracts," court documents read in part.
The hospital management subsequently sought to discontinue the contract. This was communicated to the Ministry of Health and the NHIF in 2014.
But the hospital was directed by the ministry in 2014 to continue offering the services on the same terms despite making losses.
"Kamuri continued to engage NHIF and the Ministry on the loss making contract in 2016. Although a renegotiated contract signed in 2019 has enhanced the number of claimable services, which will have a positive effect on the annual losses, the loss incurred during the year is still significant,” Awino said.
The plaintiff has cited irregularities and illegalities in the contract.
Justice Mugure Thande directed the petition be served on Kamuri by September 7, 2023 and for responses to be filed by September 21.
The case will be mentioned on October 23, 2023.