Prominent city lawyer Ahmednasir Abdullahi on Wednesday revealed his belief that an obstruction of justice case against NHIF MD Geoffrey Mwangi and Head of Finance Wilbert Kurgat would fail.
The duo are accused of seeking to interfere with investigations into the alleged loss of Sh6 Billion at the health insurance fund.
Abdullahi explained that the prosecution based their case on text messages he maintains were illegally acquired by Police.
The texts retrieved from Mwangi's phone sent to Kurgat pointed at an attempt to scuttle the graft probe by denying investigators crucial documents.
"Basing criminal prosecution on an alleged sms sent through a private mobile accessed by the police in total contravention of the constitutional right to PRIVACY is unsustainable and inadmissible and is total waste of time and resource..such a case will be thrown out in limine..." Ahmednasir wrote on Twitter.
In the alleged correspondence, Mwangi instructed Kurgat not to disclose payment vouchers used to pay software firm Webtribe Ltd. which trades as Jambopay.
“Do not give them. Tell them you are looking for them … they give you time.
"And they need to inform me. Actually, tell them they took them,” read one of the messages.
“Hi, do not give those guys. Tell [sic] its part of vouchers they took from your office.
"They also need to come to me," read another of Mwangi's alleged messages.
