The Director of Public Prosecution Noordin Haji has declined to charge the suspects of the KEMSA scandal and has returned the file on alleged procurement irregularities to the EACC for further investigations.
The DPP highlighted that his office had finalised reviewing files of alleged beneficiaries of the alleged scandal at KEMSA and upon review, it emerged that the scope of the investigations was massive.
Several witnesses, entities and thousands of documents were examined.
In a statement on Friday, October 2, Haji noted that his office received the files containing six names of senior officials at KEMSA from the Ethics and Anti-Corruption Commission.
“The team identified key areas that need to be sufficiently covered by way of further investigations before a final decision can be made,” Haji stated.
“Having carefully analysed the report by the team and considering the requirements for a strong and successful prosecution, I have come to the conclusion that the identified areas should be covered by the EACC.” he continued.
The DPP has further instructed his prosecution team to work with EACC in order to adequately address the identified gaps.
Haji acknowledged that the scandal surrounding KEMSA is a matter of public interest and the public will be updated with more details as the probe continues.
KEMSA has been on highlights for alleged irregular procurement and fraudulent payments that led to the loss of Ksh7.8 billion.
The anti-corruption commission carried its investigations within 21 days as per the direction from President Uhuru Kenyatta and submitted the findings to DPP on September 18, 2020.
On Wednesday 30, September, Auditor General Nancy Gathungu presented to the Senate Committee on Health and ad hoc Committee on COVID-19 a special audit report.
He, however, revealed that the same report has not been delivered to his office and that once received, it will be taken into consideration.
A special audit by the Auditor General had shown that Kenyans lost Ksh2.3 billion in the COVID-19 items procurement scandal at KEMSA.
Ms. Gathangu indicated that the management of KEMSA for violating various laws led to the loss of public money.
The report also uncovered fraud in procurement and collusion between KEMSA bosses and the companies that were awarded multi-billion shilling contracts.
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