Eyes on DPP as Kemsa fraud suspects free months later

Kemsa offices

The Kenya Medical Supplies Authority's offices in Industrial Area, Nairobi, as pictured on September 9, 2020.

Photo credit: File | Nation Media Group

All eyes are on the Director of Public Prosecutions Noordin Haji, who is expected to act on the findings of the Ethics and Anti-Corruption Corruption on the Kenya Medical Supplies Authority (Kemsa) graft case, which was handed to him on October 22, 2020.

Yesterday, the EACC gazetted a report on the Kemsa case reiterating that the agency flouted the procurement laws and procedures as well as the public finance management procedures in the procurement of the Covid-19 items last year.

According to the notice, investigations revealed that Kemsa exceeded its budget by about Sh3.2 billion.

The EACC stated that the agency had no real justification for use of the direct procurement methods as much as it justified the same, citing an urgent need for the stock in question.

The firms, which were issued with commitment letters to supply Covid-19 items did not deliver within the stipulated periods.

Thus, the stock delivered is wasting away in Kemsa stores, the gazette notice states.

According to the findings, Kemsa did not get value for money in the procurement. It purchased the Covid-19 items at exorbitant prices.

Senior officers

On September 11, a report compiled by the commission and forwarded to the DPP stated that six senior officers – former chief executive officer Jonah Manjari, Director of Procurement Charles Juma and Director of Commercial Services Eliud Muriithi, among others, committed several offences.

The commission also found out that the senior officers entered into an obligation that has a financial implication for the national government budget without authority contrary to Section 196 (3).

On October 2, the DPP returned the inquiry file for further investigations. This was completed and the commission resubmitted the file to DPP on October 22.

The DPP has been having the file for three months now.  Despite the officers having recorded statements mid last year, action is yet to be taken even after the commission recommended several charges on them.

Kenyans are currently facing the consequences of the Kemsa heist, with services in most public health facilities paralysed after nurses and clinical officers went on strike over lack of PPE and allowances.

The Saturday Nation has learnt that the procured items are still in the warehouse until that time that the investigation will be done.

This, therefore, holds the agency to the risk of holding the stock to expiry as health care workers suffer.