The prosecution has closed its case against three Mbagathi Hospital staff members accused of conspiring to receive Sh30,000 to facilitate the irregular release of a body. Elizabeth Aoga, Jackline Njagi, and Jackline Awino are accused of receiving the money from Ann Mbugua to release the body of her father, James Mbugua. The body was subsequently buried at Langata cemetery. The investigating officer, Jessey Ogaro, told the court that the three conspired to receive the money through Jared, a former mortician at Mbagathi Hospital.
During cross-examination by defence lawyer Velda Nyambegi, Ogaro failed to produce documentary evidence showing that the Sh30,000 transaction actually took place. Nyambegi questioned the reliance on a certified call log as evidence of the alleged payment instead of producing direct proof of the transaction. The defence lawyer's line of questioning raised doubts about the prosecution's evidence.
The court further heard that the hospital did not conduct internal investigations before involving the DCI in the matter. This lack of internal investigation has raised questions about the hospital's handling of the case. The prosecution's failure to produce documentary evidence has weakened its case against the accused staff members.
Another issue raised in court was the disappearance of a file containing details of the deceased from the hospital's records office. A witness who testified in an earlier session told the court that the file had been picked by an intern who could not later be traced by hospital management. The disappearance of the file has raised concerns about the hospital's record-keeping practices.
The prosecution's case against the accused staff members relies heavily on the testimony of the investigating officer and the certified call log. However, the defence lawyer's cross-examination has raised significant doubts about the prosecution's evidence. The court will now consider the defence's written submission, which is expected to be filed on October 22, 2026.
The defence lawyers are expected to argue that the prosecution's evidence is circumstantial and does not prove the accused staff members' guilt beyond reasonable doubt. The court will consider the defence's submission and decide whether the accused persons have a case to answer. The outcome of the case will depend on the court's evaluation of the prosecution's evidence and the defence's arguments.
The case against the three Mbagathi Hospital staff members has highlighted concerns about corruption and irregularities in the release of bodies from hospitals. The court's decision will be closely watched by healthcare professionals and the general public. The case is set to conclude with the court's ruling on whether the accused staff members have a case to answer.
Key points
- Prosecution fails to produce documentary evidence of Sh30,000 transaction
- Defence lawyer questions reliance on certified call log as evidence
- Court to consider defence's written submission on October 22, 2026
