The High Court has ordered Chief of Defence Forces Samson Mwathethe to appear before a court-martial next month.
On Wednesday, the High Court reached its decision after Major Laban Nyambok, the medical verification officer at Kenya Armed Forces Medical Insurance Scheme, petitioned it to summon Mwathethe alongside six other senior military officers.
Nyambok, who was court-martialled at Moi Air Base, wants his seniors to appear in his trial as trustees of the medical scheme and explain how it works.
He was placed on his defence on February 28 and thereafter asked the court to issue summons to his bosses.
[caption caption="General Samson Mwathethe"]
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The High Court allowed his application and issued summons but the clerk argued he was unable to affect them due to seniority and bureaucracy of the individuals involved.
Major Nyambok had moved to the High Court after he made an application for summons but it was rejected.
In his argument, Nyambok affirmed that it was his right to call witnesses and no prejudice would be suffered if any of the seniors appeared.
He further noted that the witnesses were crucial since they are the only ones who can tell the truth about the scheme and disclose who the complainant in the proceedings is.
Nyambok is charged with four counts including receiving various amounts of money and allegedly clearing payment of fictitious hospital bills in respect of various persons.
[caption caption="The Judiciary"]
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The petitioners claimed that between June 6, 2014, and January 27, 2015, Nyambok approved payment of inpatient hospital bills totalling to Ksh206,130 without authorisation.
