Fake vaccine certificates: Court allows DPP to proceed with trial
The High Court in Nairobi has allowed the Director of Public Prosecutions (DPP) to proceed with the trial of a 28-year-old man accused of forging international vaccination certificates and vaccine stamps allegedly linked to Wilson Airport.
The court dismissed an application by Desmond Omollo Ogutu seeking to terminate the criminal proceedings against him at the Kahawa Law Courts.
Ogutu faces charges of 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.
According to the prosecution, the accused committed the alleged offences between July 1 and August 8, 2025, when he allegedly 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 in Nairobi.
The prosecution alleges that the documents were intended to deceive and be passed off as genuine for official purposes.
Ogutu challenges evidence
In his application, Ogutu challenged the legality of the police search that led to the recovery of documents allegedly used as evidence against him.
He argued that police officers raided his home without a search warrant and recovered documents that were subsequently relied upon in the criminal proceedings.
Ogutu maintained that evidence obtained in violation of his constitutional rights should not be admitted in court. He also denied knowledge of the documents forming the basis of the charges against him.
He moved to court against the Milimani Chief Magistrate’s Court, the Inspector General of Police, the DPP and the Director of Criminal Investigations, seeking to challenge the criminal proceedings.
DPP defends police search
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 under specified circumstances, subject to constitutional safeguards.
The prosecution argued that the law permits such entry in particular situations where obtaining a warrant could jeopardise an investigation.
The dispute placed the legality of the search and the use of the recovered documents at the centre of Ogutu’s attempt to stop the trial.
Detectives link case to Wilson Airport
Ogutu was arrested by detectives from the Transnational Organised Crime Unit (TOCU) over allegations involving the production of false health documents and forged stamps linked to Wilson Airport.
The prosecution’s case centres on the alleged preparation of vaccination certificates and the imitation of vaccine impressions that purported to carry the authority of recognised health institutions.
The High Court’s dismissal of the application clears the way for the criminal proceedings to continue at the trial court.
Ogutu remains an accused person, and the allegations against him are yet to be proved in court.
The case was prosecuted by Abdalla Lyaga.
