[Kisii County Governor James Ongwae in a past event. Three of his top officials have been charged in court for allegedly defaulting payment of NHIF. Photo/Hivisasa.com]
Three senior Kisii County government officials have been charged over failure to pay penalties amounting to Sh 27 m to the National Hospital Insurance Fund.
In a case pitting the county officials against the fund, the three have been charged over failure to pay the NHIF penalties, willfully obstructing the fund’s officers in the course of their duties and withholding information from its officers.
Kisii County Finance Cabinet Executive Committee (CEC) Mr Kodek Omwancha, former County Secretary Mr Johnstone Ndege, and the current County Secretary Mr Ronald Ombasa were charged with violating the NHIF penalty regulations among other offences.
Mr Johnstone Ndege last month resigned from his position to vie for the North Mugirango Parliamentary seat, while Mr Ombasa, who was by then his deputy, was promoted to the position in an acting capacity.
The three denied charges of neglecting to pay penalties amounting to Sh 26, 926, 126, contrary to Section 18 (1) and 2(a) of the NHIF Act Number 9 of 1998.
Section 18 (1) which deals with penalties for late payment of standard contributions states: “Subject to the provisions of this section, if any contribution liable to be paid under this act which is not paid on or before the day on which payment is due will attract a penalty equal to twenty-five percent of the amount of that contribution; and (b) in any other case, two times the amount of that contribution, shall be payable by that person for each month or part during which the contribution remains unpaid, payable to the Fund.”
Sub-section (2) of the Act states: “If an employer fails to pay a standard contribution in respect of any person employed by him— (a) that employer shall be liable to pay the penalty prescribed in subsection (1); (b) that employee shall not be liable to any penalty under this section for so long as he is employed by that employer.”
NHIF also charged the three with failure to answer questions and furnish its officers with the required information.
“Being one of the directors of Kisii County government, and without reasonable cause, you refused to furnish information or particulars or produce documents or paper namely muster rolls and appointment letters as required by Section 21 (4) (b) of the NHIF Act on diverse dates between October 20, 2015, and January 30, 2015,” stated the second charge.
Count 3 of the case against the officials charged them with obstructing NHIF inspectors by willfully refusing to attend to them or delaying them in the exercise of their powers contrary to Section 32 (3) of the NHIF Act of 1998.
Deputy Kisii County Attorney General Kennedy Onsembe appeared in court as defence counsel for the defendants.
He applied for the proceedings to be held in the resident magistrate’s chambers for the hearing date to be given since Chief Magistrate John Njoroge who was to hear the case was on leave.
“Since the Chief Magistrate who was to hear the case is away on leave, we pray the honorable court to grant us a hearing data e when he will be available in order for the case to proceed,” said Mr Onsembe.
Senior Resident Magistrate Ruth Maloba granted the defence request, and set the hearing date for April 13, 2017.
Chief Magistrate Njoroge is scheduled to hold an inter-parties hearing on the material day.