Samburu Governor Moses Lelkolkulal was on Monday put to task to explain why his administration did not do competitive bidding in the procurement of Covid-19 items.
Appearing before the Senate Health committee investigating the use of Covid-19 funds, Lelkolkulal was also hard-pressed to justify the expenditure of Sh6.48 million from the Covid-19 kitty on non-related activities.
According to a special audit report by Auditor General Nancy Gathungu, the county procurement assorted items from mission for essential drugs and supplies (MEDS) worth Sh13.75 million through direct procurement.
They are 500 packets of face masks with ear loop, coveralls with shoe cover, 650 pieces of coveralls with shoe cover, 20 boxes of N-95 masks and the same quantity of FFP2 masks.
“The special audit established that MEDs supplies the items without evidence of competitive bidding contrary to Article 227 (1) of the Constitution of Kenya,” the report read in part.
It adds, “Though there could have been a circumstance of urgency, there was no evidence that the procurement was informed by a market survey.”
Prior to the purchase of the items, the county had sought a meeting with Kemsa CEO on the procurement of the commodities. However, minutes of the meeting were not availed to the auditor.
The governor told the nine-member committee chaired by Trans Nzoia senator Michael Mbito that the county only procured items that were not available at Kemsa from MEDS.
He sought to justify the direct procurement, citing Section 103 of the PPAD Act 2015 that allows procuring entity to use direct procurement method as long as the purpose is not to avoid competition.
“County procured through direct procurement method the much needed medical products and technologies under urgency and extraneous circumstances from MEDs.
“MEDS is an authorized dealer in medical products and technologies as per Commission for the Implementation of the Constitution,” he said.
But committee members – Abdullahi Ali (Wajir) and Ledama Olekina (Narok) – demanded to know whether the country conducted a market survey to compare prices and if the law, that only restricts counties to buy from Kemsa, was bent.
The added that the market survey they conducted showed that MEDS prices were much cheaper that other players including Kemsa itself.
He explain the prevailing circumstances – emergency and lack of the items at Kemsa – forced his administration to procure from elsewhere.
The county boss, who appeared virtually before the senators alongside Heath executive Stephen Lekupe and Finance executive Isaac Leisen was also at pains to explain why his administration spent Sh6.48 million from Covid 19 emergency fund account on activities not related to the pandemic.
The county used the cash to pay salary to an accountant and night out allowances to members of a committee, pay salaries to staff of Samburu water sanitary company and train newly recruited staff.
“Therefore, the amount of Sh6.48 million incurred on non-Covid related activities were not incurred in accordance with approved Covid 19 work plan, budget and training plan for the county emergency fund,” the report says.
The governor explained that the money was paid to members of Samburu Covid 19 response committee.
According to Samburu County Covid-19 emergency response fund regulation 2020, he said, a maximum of three per cent of the total approved budget as fund administration costs.
“The committee members draw appropriate allowances while conducting their duties in accordance with SCR Circular,” he said.
Monthly Salary for the fund Accountant, sitting allowances and night out allowances for Committee members were charged as fund administration costs, he added.
Lenolkulal said the county advanced some Sh3.65 million to Samburu Water and Sanitation Company-Support to County entity SAWASCO to pay salaries owing to the dip in its revenue collections.
“The County government of Samburu paid salaries to SAWASCO for the Months of May and June 2020 in line with the Ministry of Water and Irrigation Circular on protocols and guidelines on covid-19 response on management of Water supply,” he explained.
