KRN NEWS DESK
Additional info by Stephen Okoyo
Investigative agencies on the spot for delaying the Kemsa scandal.
The Directorate of Public Prosecutions and the Ethics and Anti-Corruption Commission have come to intense scrutiny for delaying the Kemsa scandal despite receiving direct orders from the President.
In June 2022 Ethics and Anti-Corruption launched an investigation against corruption allegations involving the procurement and supply of PPES.
Since the beginning of the investigation, no individual or company has been held liable for the alleged misuse of public funds.
During an evaluation meeting held by the Public Investment Committee of the National Assembly last week, the committee recommended the prosecution of Kemsa board members and senior officials involved in the Kemsa scam.
The committee also identified over 112 companies that got excess payments due to price inflation.
In a detailed report obtained by KRN, drugs such as paracetamol that should have cost Ksh 40 were acquired at Ksh 66.
The revelations by PIC cast a spotlight on the investigative agencies. President Uhuru had directed on August 26, 2020, the investigative agencies to fast track the alleged theft at Kemsa.
The President gave the agencies 21 days to finalize and bring those involved to book
“Given the public interest, the relevant agencies should expedite investigations and conclude the same within 21 days, all persons found to be culpable from the ongoing investigations on Covid funds should be brought to book notwithstanding their social status or political affiliations,” Uhuru said.
It’s alleged that the agencies have been deliberately delaying the prosecution of those involved in the Kemsa theft.
The Director of Public Prosecution claimed recently that the file was still at EACC, in their defense, the EACC said they had concluded the matter and they had forwarded the file for further scrutiny.
“Investigations are not completely finished. We are working together with the EACC to ensure we are able to bring a case that has evidence,” Haji said.
According to sources at the EACC, the case was concluded three months ago.
“We believe we have done our part as EACC and concluded the probe with recommendations for action against the persons with primary responsibility. That remains our official position,” said a senior EACC official who did not wish to be named due to protocol issues.
DPP on his part maintained that the agency cannot forward the file as it’s since it had insufficient evidence to prosecute those involved.
“Where we feel there is no evidence, we cannot forward the file to the court,” Haji said.
In a detailed report by PIC, the committee found out that the owners of the companies involved were awarded commitment letters that flouted the procurement laws.
“Use of commitment letters is not provided for in the procurement law, a fact that was admitted by all suppliers that appeared before the committee,” the PIC report reads in part.
Despite having sufficient evidence, it’s not yet clear why the investigative agencies have not forwarded the Kemsa file for prosecution.
“There was no evidence that Kemsa contacted and exhausted existing prequalified suppliers to deliver the Covid-19 response items,” the PIC report.
