Swiss national pleads guilty to bleeding athletes at Iten court
Basile Samuel David Morellon (right), at Iten Law Courts in Elgeyo-Marakwet County on March 26, 2024, and his co-accused Geoffrey Kibet Bwambok, who were allegedly found at Iten Township in Elgeyo Marakwet County while drawing blood samples from athletes and non-athletes, without license from the National Commission for Scientific Technology and Innovation. Basile pleaded guilty to five counts of offences and was fined a total of Ksh400,000 or go to jail for three years and 10 months while Kibet denied the offences.
What you need to know:
- Bassile was slapped with a fine Sh400,000 or serve three years and 10 months imprisonment in default
- Bassille admitted the charges filed against him under the Ministry of Health Rules
- The prosecution stated that Bassille, who operated an illegal laboratory was extracting blood from both renown athletes and locals for unexplained reasons
A 29-year-old Swiss National has been slapped with a fine of Sh400,000 or serve a 2-year prison term for extracting blood from Kenya’s celebrated athletes to for carrying out illegal tests and unknown research contrary to the law.
Bassile Samuel David Moreillon who was convicted on his own plea of guilty before an Iten Court begged for mercy and leniency saying, “I am a Research PHD Student from Switzerland carrying out research in partnership with Kenyatta University and University of Nairobi.”
The convict was being defended by lawyer Edward Ruto who mitigated for a less punitive sentence saying, “my client is remorseful. He is a Swiss national and a PHD student doing research in partnership with Kenyatta University and University of Nairobi.”
Mr Ruto said the medical research student has learnt his lesson and has promised to abide by the Kenyan laws while in the East African Country.
Bassille admitted the charges filed against him under the Ministry of Health Rules.
Bassile was charged alongside a Kenyan, Geoffrey Kibet Bwambok before Iten senior principal magistrate Ms Emily Kigen.
Upon the charges being read against him by the prosecution, Bassille pleaded guilty to all of them then urged for mercy saying “he has not wasted the precious judicial time.”
The prosecution stated that Bassille, who operated an illegal laboratory was extracting blood from both renown athletes and locals for unexplained reasons.
Ms Kigen heard the accused was bleeding athletes and other Kenyans under the guise of doing research without necessary permits from the relevant government authorities and agencies.
Mr Bwambok denied charges filed against him.
He was released on a bond of Sh600,000 bond with an alternative cash bail of Sh300,000.
Ms Kigen heard the duo was arrested by a crime detective officer from Iten police station after locals raised concern over the suspicious activities of the foreigner and Bwambok in the area.
A report was filed with the area Chief Joyce Jepkoech.
The court heard that accused were paying Sh1,000 to those who accepted to donate blood samples to be used in the said research.
The duo was charged with undertaking scientific research without a License Contrary to Section 15 of the Science, Technology and Innovation Act Number 6 of 2022.
The charge stated that between March 3 and 7, 2024 at Iten Township, Keiyo North Sub County in Elgeyo-Marakwet County jointly with others not before court were found conducting scientific research by obtaining blood samples mainly from athletes and non-athletes without a license from the National Commission for Scientific, technology and Innovation.
They were also charged with operating a private Medical laboratory without approval contrary to Section 21 of the Medical Laboratory Technicians and Technological Act of 1999.
The second count stated at Run IX Athletes Camp in Keiyo South jointly with others not before court without lawful authority were found undertaking private practice as medical laboratory technologists at the athletes’ camp which was not registered and licensed by The Kenya Medical Technicians and Technologists Board (KMLTTB).
The third charge read, at Irong location in Keiyo North together with others not before court they were found handling medical laboratory reagents which had not been validated by KMLTTB.
The accused were unlawfully found with several reagents which included Surgical, Spirit, (COVIGEN), BD vacutainer, Gel & Clot activator for blood collection, alcohol swabs and HB calibrations among other laboratory reagents which were not validated by KMLTTTB.
The accused faced a fourth count of handling invalidated laboratory equipment contrary to Regulation 3 of KMLTTB Act of 1999.
On the fifth count, the court heard that they were arrested while engaging in private practice as medical laboratory technologist’s contrary to the law.
Mr Bwambok was separately charged that with engaging in private practice as a Medical Laboratory technician without License from the legal Licensing body.
Mr Bwambok denied the charge and was admitted to a bond of Sh600,000 bond with an alternative cash bail of Sh300,000.
His case will be mentioned on April 9.
Imposing sentence on the Swiss national the magistrate said courts will not tire to protect Kenyans against such acts being meted out against innocent Kenyans.
She said it was not explained why the research was being carried out on athletes and their relatives.
She said Kenya is a sporting nation and athletes are the jewels of this great country in the continent.
She noted that any research which may be conducted on our athletes must be known and done within the legally established medical norms.
She also warned citizens against giving into any form of request to extract blood for tests and research.
Imposing sentence Ms Kigen stated: “This court notes that you have pleaded guilty to the offence at the first instance. You will therefore serve in jail two years imprisonment for count one, two months imprisonment for the second count, you will also serve four months for the third offence and lastly serve one year in jail for the fifth count. In the alternative you will pay a total fine of Sh400,000 in default."
Ms Kigen directed that the sentences will run concurrently.
She gave the convict 14 days to appeal against the sentence if he was not satisfied.
