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Governors seek to divorce scandal-hit Kemsa, say monopoly unjustified

Council of Governors chair Wycliffe Oparanya (Kakamega) during a press conference at his Karen residence in Nairobi on August 16, 2020.
 

What you need to know:

  • Council of Governors Chairman Wycliffe Oparanya Sunday said the controversies and scandals that have rocked Kemsa in the recent weeks are evidence that the agency is enjoying an unwarranted monopoly.
  • Mr Oparanya spoke two days after the Kemsa board sent its chief executive, Dr Jonah Manjari, home over the multi-billion shilling Covid-19 tender scandal at the agency.
  • Governors have in the past termed the monopoly the agency enjoys unfair and one aimed at micromanaging the devolved units.

Governors want the national government to allow counties to buy drugs, medical equipment and other materials from other suppliers to end the monopoly the Kenya Medical Supplies Authority (Kemsa) enjoys.

Council of Governors Chairman Wycliffe Oparanya Sunday said the controversies and scandals that have rocked Kemsa in the recent weeks are evidence that the agency is enjoying an unwarranted monopoly.

Speaking at his Karen home in Nairobi, Mr Oparanya said while the question of whether counties should be given the freewill to purchase supplies outside Kemsa is still in court, it is time for the agency’s monopoly to end.

“We should be allowed to buy from anyone as long as they are competitive. We have agencies like the Kenya Bureau of Standards, which should ensure everything counties buy is of good quality and meets required standards ..to enable them (counties) to adequately respond to the Covid-19 pandemic.”

Suspensions

Mr Oparanya spoke two days after the Kemsa board sent its chief executive, Dr Jonah Manjari, home over the multi-billion shilling Covid-19 tender scandal at the agency.

The board of directors on Friday suspended the CEO alongside directors Eliud Muriithi (Commercial) and Charles Jume (Procurement) as anti-graft officers’ pieced together a case against individuals who have looted billions of shillings.

Mr Muriithi and Mr Juma were ordered to step aside until detectives identify owners — believed to be Kemsa employees — of companies favoured during the tendering process.

Kemsa board chair Kembi Gitura said the three were asked to step aside after a special meeting, to allow the Ethics and Anti-Corruption Commission complete investigations on Covid-19 procurement irregularities and alleged misuse of funds.

Solutions needed

Governors have in the past termed the monopoly the agency enjoys unfair and one aimed at micromanaging the devolved units.

The county chiefs have opposed a proposed amendment to the Kemsa Act that will force counties to procure medical supplies from the agency, a move that saw them seek redress at the High Court.

They said the bill, if assented to by President Uhuru Kenyatta, will make it mandatory for county governments to obtain drugs and medical equipment from Kemsa.

The governors further noted that in the structure and functions of the government provided for in the Constitution, health is a function of devolved governments.

“We are currently experiencing an unprecedented crisis, which calls for urgent solutions,” Mr Oparanya said.

The bill was passed by the National Assembly on October 28 and must be scrutinised and adopted by the Senate before President Kenyatta assents to it.