DPP Kenya: Withdraws SHA Fraud Charges Against Wachira, Ingasira

• The Director of Public Prosecutions has withdrawn Sh17.59 million fraud charges against former Social Health Authority acting chief executives Elijah Wachira and Robert Ingasira.
• Milimani Principal Magistrate Daisy Mutai allowed the withdrawal under Section 87(a) of the Criminal Procedure Code and ordered the release of their cash bail.
• An ODPP review found that Wachira and Ingasira had left the SHA before the alleged fraudulent claims were submitted between October 2024 and May 20, 2025.
• Wachira's lawyers initiated a review request to the DPP under Article 157(6)(c) of the Constitution, arguing his departure predated the disputed transactions.
• The case will proceed against the remaining co-accused, who face charges including falsification of health information and acquisition of proceeds of crime.

The partial resolution of this case highlights the importance of meticulous investigation and the ODPP's willingness to re-evaluate charges when presented with compelling evidence that an accused person was not involved in the alleged criminal activity, particularly concerning the timing of events.

The Director of Public Prosecutions (DPP) has formally withdrawn fraud charges against Elijah Wachira and Robert Ingasira, both of whom previously served as acting chief executives for the Social Health Authority (SHA). This significant development in the DPP withdraws SHA fraud charges Wachira Ingasira case came before Milimani Principal Magistrate Daisy Mutai, who sanctioned the prosecution's request to discontinue the proceedings under Section 87(a) of the Criminal Procedure Code (CPC). The magistrate's order not only discharged the two former officials but also mandated the return of their cash bail to the respective depositors. These charges stemmed from allegations of fraudulent medical claims totaling Sh17.59 million, which were purportedly submitted to the SHA.

The decision to withdraw the charges followed a comprehensive review of the investigation file by the Office of the Director of Public Prosecutions (ODPP). This review conclusively established that neither Mr. Wachira nor Mr. Ingasira were employed by the Social Health Authority at the time the disputed claims were lodged. Furthermore, the ODPP found no evidence indicating their involvement in the subsequent payment processes related to these claims. The alleged fraudulent activities, specifically involving Archprime Medical Clinic in Oyugis, Homa Bay County, were said to have occurred between October 2024 and May 20, 2025, amounting to Sh17,591,473.

The exoneration of Elijah Wachira was significantly influenced by a proactive legal challenge initiated by his representatives, Manyonge Wanyama & Associates LLP. On December 16, 2025, Wachira's legal team formally petitioned DPP Renson Ingonga, requesting a review of the charges. This request was made pursuant to Article 157(6)(c) of the Constitution of Kenya, which empowers the Director of Public Prosecutions to review ongoing cases. The core of their argument was that Mr. Wachira had ceased his tenure at the Social Health Authority on November 12, 2024, a date preceding the alleged fraudulent transactions. Consequently, they contended that he could not be held criminally liable for actions that transpired after his departure.

Further bolstering their position, Wachira's lawyers highlighted that the extensive 2,235 pages of documents provided by the investigating officer contained no adverse mention of their client. This detailed scrutiny of the evidence played a crucial role in the ODPP charge review Kenya. Robert Ingasira, who was the fifth accused in the case and also a former acting chief executive of SHA, similarly benefited from the ODPP's findings, leading to the withdrawal of charges against him by Magistrate Mutai. Both individuals had faced accusations of conspiring to defraud the authority of Sh17.59 million, alongside additional charges of misappropriation of funds under Section 48(2) of the Social Health Insurance Act.

The withdrawal of the Elijah Wachira fraud case and the Robert Ingasira fraud case underscores the critical role of the ODPP's constitutional mandate under Article 157(6)(c) to review criminal proceedings and the application of Section 87(a) of the Criminal Procedure Code Kenya. This provision allows for the withdrawal of charges with the court's consent, often when new evidence or a re-evaluation of existing evidence renders prosecution untenable. The context of these charges is rooted in the transition from the National Hospital Insurance Fund (NHIF) to the new social health insurance framework, which saw the Social Health Authority (SHA) rolled out on October 1, 2024. Mr. Wachira had been appointed CEO of NHIF in October 2023 following a competitive process and subsequently served as acting CEO of SHA during this transitional period.

While the DPP withdraws SHA fraud charges Wachira Ingasira, the broader Social Health Authority fraud case is far from over. The proceedings will continue against the remaining co-accused individuals: Arthur Otula, Rosemary Daraja, Peter Abuna, and Archprime Medical Clinic Oyugis. These individuals face a range of other serious allegations, including falsification of health information, acquisition and use of proceeds of crime, and uttering false documents. The partial resolution of this case highlights the importance of meticulous investigation and the ODPP's willingness to re-evaluate charges when presented with compelling evidence that an accused person was not involved in the alleged criminal activity, particularly concerning the timing of events.

Lawyers and compliance officers should note the ODPP's willingness to review charges under Article 157(6)(c) of the Constitution and withdraw them under Section 87(a) CPC when evidence clearly demonstrates a lack of involvement, particularly concerning the timing of alleged offenses relative to an accused's tenure. This case sets a precedent for challenging charges based on a thorough review of investigative files.

Source: Original reporting based on source information.