The High Court in Nairobi has dismissed an application seeking to stop the prosecution of a 28-year-old man accused of forging international vaccination certificates and vaccine stamps allegedly linked to Wilson Airport.
The ruling allows the Director of Public Prosecutions (DPP) to proceed with the case against Desmond Omollo Ogutu, who faces charges before the Kahawa Law Courts.
Ogutu is charged with making a false document, contrary to Section 347(a), as read with Section 349, and forgery, contrary to Section 352(a) of the Penal Code.
The prosecution alleges that between July 1 and August 8, 2025, Ogutu, jointly with others who have not been charged in the case, made six international vaccination certificates purporting to have been issued by Gertrude’s Children’s Hospital without lawful authority.
He is also accused of forging six injectable polio vaccine impressions on international vaccination certificates purportedly issued by Port Health Services at Wilson Airport, with the intention of passing the documents off as genuine for official purposes.
Ogutu challenged the criminal proceedings, arguing that police officers had unlawfully searched his home without a warrant and recovered documents later relied upon as evidence.
He contended that the evidence was obtained in violation of his rights and should not be used against him. He also denied knowledge of the documents.
The DPP opposed the application, relying on Section 57 of the National Police Service Act, 2011, which provides for entry into premises without a warrant in specified circumstances, subject to legal and constitutional safeguards.
Ogutu was arrested by detectives from the Transnational Organised Crime Unit (TOCU) over the alleged production of fraudulent health documents and stamps linked to Wilson Airport.
He had filed the application against the Chief Magistrate’s Court at Milimani, the Inspector General of Police, the DPP and the Director of Criminal Investigations, seeking to challenge the criminal proceedings.
The prosecution was led by Principal Prosecution Counsel Abdalla Lyaga.
The dismissal of the application means the criminal case can proceed before the trial court. The charges against Ogutu remain allegations to be determined through the trial.
