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Crime & Investigations

Kemsa Scandal: DPP Haji Declines to Approve Charges Against Suspects

by Mustafa Juma
written by Mustafa Juma

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.

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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.

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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.

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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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Crime & Investigations

DCI Sleuths Arrest Covid Millionaires ‘whistleblower’

by Mustafa Juma
written by Mustafa Juma

Covid millionaires ‘whistleblower’ has been arrested by detectives from the Directorate of Criminal Investigations (DCI).

DCI in a statement posted on social media said three suspects who abducted the Director of Hi-tech Enterprise while personating EACC and KRA officers before demanding for a Kshs 2 Million bribe to stop pursuing an alleged tax evasion case involving the victim were in their custody.

Godwins Agutu, who is one of the people who blew the whistle on Covid-19 millionaires expose is among the three that were arrested.

Agutu who is the Network Action Against Corruption Director featured in an expose aired by NTV alleging widespread misuse of Covid-19 funds and material donations from Jack Ma Foundation.

Agutu was arrested alongside Alex Mutua and Ken Kimathi on Wednesday evening.

They bribed the director asking him to stop pursuing an alleged tax evasion case involving the victim.

DCI boss George Kinoti said that the three were working with three other people who are still at large.

The three escapees are said to be KRA officers namely; Houdouvia Njoroge, Harrison Ochar and Brian Kimemia.

They used two Prados Reg. Nos. GKB 070B & KCY 280Q and stormed the victim’s offices within Nairobi on September 26, 2020, after which they took his laptop and left.

“The suspects appeared again on Sept 29,2020, demanding the Sh2 million bribe, and when the victim could not raise the amount, they forced him into the GKB vehicle and drove off to Lutheran Hse along Nyerere road,” Kinoti said.

Kinoti said the victim was forced to contact his family members to get the amount, but only managed to raise Sh500,000 where the suspects escorted him to his house at Westlands in Nairobi and took the cash.

Investigations were then launched by DCI Detectives where the three suspects were nabbed at the said Lutheran House, further establishing that the registration number GKB 070B belonged to a Land Rover Discovery attached to the Judiciary.

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Crime & Investigations

Auditor General Nancy Gathungu Exposes Dirty Intrigues Played in Kemsa Scandal

by Jacinta Mbithi
written by Jacinta Mbithi

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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Crime & Investigations

Covid-19 Scandal: Sabina Chege Sends Away Top Transport Officials During Probe

by Mustafa Juma
written by Mustafa Juma

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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