NAIROBI, Kenya – The High Court in Nairobi has dismissed an application by a 28-year-old man seeking to stop his prosecution over alleged forgery of international vaccination certificates and health stamps linked to Wilson Airport.
The decision allows the Director of Public Prosecutions (DPP) to proceed with the criminal case against Desmond Omollo Ogutu, who faces charges at the Kahawa Law Courts.
Ogutu is accused of making false documents and forgery under Sections 347(a), 349 and 352(a) of the Penal Code. The charges relate to vaccination certificates and stamps allegedly manufactured for use as genuine official health documents.
According to the prosecution, between July 1 and August 8, 2025, Ogutu, jointly with others who have not been brought before the court, 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, allegedly intending to defraud and pass the documents off as genuine.
Accused challenged evidence recovered at his home
In his application, Ogutu challenged the legality of the police search at his residence, arguing that officers raided the property without a search warrant.
He contended that documents allegedly recovered during the operation were subsequently relied upon as evidence in the criminal case, despite what he described as a violation of his rights. He also denied knowing about the documents.
The DPP opposed the application, relying on Section 57 of the National Police Service Act, 2011, which provides for entry and search without a warrant in specified circumstances, subject to applicable legal and constitutional safeguards.
The prosecution argued that the circumstances permitted the police action and urged the court to allow the criminal proceedings to continue.
The High Court’s dismissal of the application clears the way for the prosecution to proceed. It does not, however, amount to a finding that Ogutu committed the offences or establish his guilt.
Detectives linked case to suspected fake health documents
Ogutu was arrested by detectives from the Transnational Organised Crime Unit (TOCU) following investigations into the alleged production of false health documents and stamps associated with Wilson Airport.
In August 2025, the Directorate of Criminal Investigations reported that detectives had recovered items from his residence in the Clayworks area of Kasarani, including purported Port Health Services stamps, a seal bearing the name of a Port Health officer, vaccination certificates and other documents.
Investigators also linked the case to alleged forged vaccination certificates recovered from six Somali nationals intercepted at Jomo Kenyatta International Airport in August 2025 while reportedly being taken to Libya through Egypt. Those claims formed part of the investigation and are not, by themselves, proof of Ogutu’s guilt.
Ogutu had challenged the criminal proceedings in a case involving the Chief Magistrate’s Court at Milimani, the Inspector General of Police, the DPP and the Director of Criminal Investigations.
The prosecution was conducted by Abdalla Lyaga.
The criminal case is expected to proceed at the Kahawa Law Courts following the High Court decision.
