Two doctors are fighting an order allowing the Director of Criminal Investigations (DCI) to confiscate some of their documents and computers as it probes allegations of misappropriation of NHIF funds.
The order obtained by the DCI requires Dr Umesh Saini and Dr Mina Saina to produce books of account together with invoices and claims for payment of NHIF from 2013 to date.
It also allows police to confiscate all computers and electronic gadgets.
Officers from DCI approached chief magistrates court in October 2018 saying they received information that there is misappropriation of funds at NHIF and to enable them conduct investigations they needed permission to conduct search.
They told the court they need to conduct server system audit and imaging of Nairobi West hospital servers and carry any material evidence
"I have reason to believe that crucial material evidence in regard to investigations can be obtained from the respondents offices, private residences and business premises," said police officer Nephat Marubu in a sworn affidavit in court.
And on that strength he successfully sought for permission to enter and inspect both the hospital and residences of the two doctors.
But yesterday the two doctors filed an application seeking to suspend implementation of the order for search saying it amounts to violation of their right to fair trial.
The two doctors are complaining saying that they are not employees of Nairobi West hospital neither are they employees of NHIF.
They said in their suit papers that the DCI never served the orders on them hence denying them a chance to be heard.
The two argued that the search order is so vague that it allows officers to pick any documents, gadgets or invoices found at their residence or premises whether it is relating to the investigations in question or not thereby violating their right to privacy and property.