The Office of the Director of Public Prosecutions has declined to approve charges against officials implicated in the Kenya Medical Supplies Authority (KEMSA) scandal.

DPP Noordin Haaji on Friday October 2, 2020 returned the KEMSA inquiry file back to Ethics and Anti-Corruption Commission (EACC) after identifying gaps in investigations that need to be filled before he makes the decision to charge.

He directed his team of senior prosecutors appointed to review the file to conduct joint meetings with EACC to expedite the investigations.

According to a statement issued by his office, before making decision to charge, the DPP ensures there is sufficient evidence to support charges with a reasonable prospect of conviction in line with the Constitution, ODPP Act, National Prosecution Policy and Decision to Charge guidelines.

EACC officials had recommended the prosecution of six senior officials from Kemsa.

DPP Haji stated that the matter had attracted great public expectation and it was important for the team to ensure that there was sufficient evidence to support charges with a reasonable prospect of conviction.

“The constitution provides that the DPP must exercise State powers of prosecution with regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process,” reads the statement.

The DPP indicated that his team had identified key areas that needed to be sufficiently covered by way of further investigations before the final decision could be made.

Haji stated that his office had also not received an audit report that had been presented to the senate on September 30, 2020, by the Auditor General, Ms Nancy Gathungu.

Once the DPP received the report, he vowed that it would also be taken to consideration.

The DPP stated that the inquiry file had been returned to the EACC to cover the areas identified for further investigations.

On September 18, 2020, the DPP received an inquiry file from the EACC on the allegations of irregular procurement and fraudulent payments relating to the purchase and supply of Covid-19 emergency commodities at KEMSA which led to the irregular expenditure of public funds amounting to Ksh 7.8 billion.

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A report by Auditor General Nancy Gathungu has revealed that Kenya Medical Supplies Agency (KEMSA) procurement scandal saw Kenya lose Ksh.2.3 billion.

The report  tabled to the Senate on Wednesday shed light on how KEMSA violated several laws, leading to the staggering losses

The reports notes that for instance, some of the companies that were awarded multimillion tenders had only been around for a few months.

The auditor noted some of the companies that were awarded the contract were established in January and February this year, pointing to possible collusion.

The report also reveals fraud in procurement and collusion between Kemsa bosses and the companies that were awarded multi-billion shilling contracts.

The Senate heard that companies that had been around for less than year were awarded contracts without having the necessary qualifications to supply medical equipment.

According to the auditor, Kemsa over procured items with Sh6.3 billion which are still lying idle in its warehouses.

If the items are sold at the current market prices, Kemsa will only recover Sh4 billion, leading a whopping loss of Sh2.3 billion.

The report shows that Kemsa illegally and irregularly diverted monies meant for UHC to purchase Covid-19 items without approval of the Ministry of Health.

In recommendations to the Senate, the office of the Auditor General calls government agencies to conduct probe to establish criminality in the procurement process and collusion between the management and companies awarded the contracts.

The same report also wants KEMSA to withhold any further processing of COVID-19 related claims until an independent audit is done.

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Officers from the Ethics and Anti-corruption Commission (EACC) are currently raiding Kenya Medical Supplies Authority (Kemsa) offices along commercial street in Industrial area, Nairobi.

According to sources who spoke to this writer, the officers are taking away computers.

The sources also revealed that all staff at Kemsa have been locked inside as the operation goes on.

The officers are following up on the Kemsa scandal that saw billions of shillings disappear in the hands of rogue suppliers.

KEMSA is under fire over allegations government officials and businessmen pilfered Ksh 4 billion  in public money earmarked for medical equipment needed in the fight against coronavirus.

President Uhuru Kenyatta had instructed the anti-corruption commission to expedite its investigation into KEMSA, which is responsible for supplying Kenya’s overwhelmed hospitals treating coronavirus patients. KEMSA’s CEO and other top officials have been stood down.

President Kenyatta also said the health ministry had 30 days to develop a “transparent” system so that KEMSA’s procurement processes could be published online.

“This level of transparency and through the use of technology, will go a very along way in ensuring that we have the confidence of our people that those placed in institutions are able to manage the resources of the Kenyan taxpayer plus our development partners in an open and transparent manner,” the president said in a statement.

The KEMSA scandal came after Kenyan investigators vowed a separate inquiry into the alleged theft of PPE supplies donated by Chinese billionaire and Alibaba founder Jack Ma.

The allegations of graft and misappropriation surfaced as new infections of Covid-19 soared across Kenya, though numbers have dipped in recent weeks.

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Top Transport ministry officials were on Wednesday September 2, 2020 sent away by National Assembly committee on health, saying the team was unprepared to respond to its questions.

The Sabina Chege-chaired committee said the Transport ministry officials who appeared before them were not adequately prepared.

The Transport ministry was represented by Health CAS Chris Obure during the afternoon session.

He appeared before the committee to explain the ministry’s role in the clearing of Jack Ma Foundation donations.

Obure had told the committee that all the donations were cleared exclusively by the government clearing agency.

“The document before us from the ministry is not well prepared. We need to compare what was donated, what was received and what actually ended up in the warehouse,” Chege said.

The Health committee probing the loss of Covid-19 funds demanded written submissions.

Cherangany MP Joshua Kutuny said the ministry is not prepared to face them in regards to the questions they have.

“…when we have people come here with half baked information, it causes tension,” he said.

“I will appeal that any institution invited here, if they are not prepared, they need to go back. I know you are experienced, you should not panic.”

Kutuny said the public should be fed with enough information on the investigations.

“I want to appeal to the government that they fine tune their communication,” he said.

Chege asked Obure to go and prepare himself and come back with facts.

“If we have this gaps you will keep Kenyans guessing. We will see you tomorrow at 9:30am on Thursday,” she said.

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Jubilee Vice Chairman David Murathe has distanced himself from Kenya Medical Supplies Authority (Kemsa) scandal that saw millions of shillings meant to combat Covid-19 get lost in poor procurement of equipment.

Speaking during an interview with Citizen TV on Tuesday night, Murathe shifted the blame on Deputy President William Ruto’s allies.

He distanced himself from a company that had been associated with him and argued that it belonged to partners of DP William Ruto.

This is despite reports that Murathe and the owner of the company that was allegedly awarded a tender by KEMSA had previously partnered in other businesses.

According to Murathe, he partnered with the said individual in a lot of issues but  not on the deal with KEMSA.

He said he had not submitted his evidence to the investigating agencies since he had not been summoned.

Murtahe however, noted that he had filed a complaint with the Directorate of Criminal Investigation (DCI) against individuals who linked him to KEMSA scandal.

KEMSA was accused of inflating prices of personal protective equipment (PPEs) and masks and awarding illegal tenders.

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The firm that manufactures Sure lubricated condoms has announced a product recall citing quality issues.

The decision to recall the Sure condoms was announced by Kenya Medical Supplies Authority (Kemsa) which distributes the product in the country.

Kemsa appealed to stakeholders to cooperate with Lifeline Laboratories to ensure the defective batches are taken off the shelves.

“Lifeline Laboratories is recalling the above-mention product, Sure lubricated condoms dotted, due to quality issues,” Kemsa’s Qualtity Assurance Manager, Dr John Aduda, said the letter dated September 12, 2019.

Kemsa said the Sure condoms slated for recall are set to expire on December 2021 and December 2022 and have batch numbers 17DN754 and 17DN052. 

A spokesperson of Lifeline Laboratories said that they were only contracted by the Thailand based manufacturer, Innolatex Limited to do the recall.

They also advised consumers to check the brand and the date at the bottom of the outer packing and the foil wrapping to see if they are in possession of these potentially defective condoms.

Customers whose condoms match the affected batch numbers are advised to immediately stop using them.

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