- A Senate committee has cleared sacked Public Health PS Josephine Mburu and the Ministry of Health of any wrongdoing in the Sh3.7 billion mosquito nets scandal
- Instead, the Senate Health Committee placed the Global Health Management Unit domiciled in the Treasury for the mess
Image: /EZEKIEL AMING'A
A Senate committee has cleared sacked Public Health PS Josephine Mburu and the Ministry of Health of any wrongdoing in the Sh3.7 billion mosquito nets scandal.
In a report tabled in the senate, the Committee said the former PS, who was accused of the procurement mess in the contract for the mosquito nets acted in ‘good faith.’
“It was the considered opinion of the committee that she acted in good faith based on the information that was availed to her by the technical officers,” the report states.
Instead, the Committee blamed the Global Health Management Unit domiciled in the Treasury.
The cancellation of the multimillion tender that put at risk the lives of millions of Kenyans, was triggered by Global Fund’s efforts to procure the items.
President William Ruto sacked Mburu and the entire Board of the Kenya Medical Supplies Authority for allegedly bungling the procurement of door-funded nets under the National Malaria Programme.
However, the Committee chaired by Uasin Gishu Senator Jackson Mandago said the MoH was a bystander in the procurement.
“Nonetheless, the committee took note that before all the cancellations of the tender, Global Fund-raised concerns regarding serious governance and financial management,” he said.
“The committee did not find evidence to suggest that the Ministry of Health was involved in the final decision by the Global Fund to advertise for the WHOPES pyrethroids LLINS.”
The issue stems from the lack of substantive office holders at the National Malaria Programme at the Ministry.
“This suggests that despite being the user department, the Ministry did not have the final say in the matter and that it was a unilateral decision by the Global Fund Management Unit at the National Treasury.”
Procurement conditions stipulated in the agreement signed between the Global Fund and the National Treasury (principal recipient) on behalf of the government triggered the confusion that rocked the process.
The agreement – Grant Confirmation – mandated Treasury to comply with the donor’s guidelines and any other policies, guidelines, procedures and regulations.
After signing the agreement, Treasury entered an MoU with Kemsa to procure the commodities.
Kemsa was to procure in conformity with the Global Fund Procurement and Supply and the Public Procurement and Asset Disposal Act, 2015.
As such, the committee has recommended changes to the procurement laws to clarify the involvement of third-party entities and donors in public procurements.
“The Cabinet Secretary Ministry of Treasury to disband the Global Fund Management Unit at the National Treasury and provide for the full transfer of its responsibilities and functions to the Ministry of Health with immediate effect.”
The committee also wants the Health CS Susan Nakhumicha to immediately redeploy all officers in the National Malaria Control Program at the Ministry and apply necessary disciplinary processes to officers implicated in the mess.
Further, the panel wants the office of the Prime Cabinet Secretary to review the structural relationship between the government and the Global Fund to prioritise user department.
Currently, the Global Fund engages the state through the National Treasury.