• The three organisations wrote to the ODPP on March 29 last year to request for the progress of the probe but to date, no response has been given.
• This, they said, is in contravention to Article 35 of the constitution of Kenya 2010 on the right of access to information.
Image: MAGDALINE SAYA
A section of the civil society has petitioned the ODPP demanding an update on the progress of Kemsa Covid-19 procurement probe.
The petition was presented on Wednesday by Transparency International Kenya, Inuka Kenya Trust and The Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN).
The organisations in a public petition signed by more than 2,900 members of the public now want the ODPP to provide a report on the outcome or update on progress of the probe for the general public within seven days of receiving the petition.
“While no information is forthcoming from the ODPP on the Kemsa Covid-19 probe, continuous corruption cases in the health sector continue to lead to loss of billions of money that is now affecting service delivery in the health sector putting the lives of thousands of citizens at risk,” they said in a joint statement.
According to TI-Kenya Executive Director Sheila Masinde, the three organisations wrote to the Office of the Director of Public Prosecutions on March 29 last year in the interest of the public to request for the progress of the probe but to date, no response has been given.
This, they said, is in contravention to Article 35 of the constitution of Kenya 2010 on the right of access to information.
President Uhuru Kenyatta issued a directive on August 26, 2020, directing investigative agencies to undertake and conclude investigations on the Kemsa Covid-19 probe within three weeks.
“We also ask the ODPP to expedite the prosecution of the alleged perpetrators who flouted procurement laws and regulations at Kemsa during the procurement of Covid-19 equipment and items,” they said.
“We remind the ODPP of their mandate under Article 157 (6) of the Constitution of Kenya 2010, that they shall institute and undertake criminal proceedings against any alleged perpetrator (s) and shall while exercising these powers have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.”
Kemsa was put in the spotlight after it emerged that officials dished out tenders to mysterious entities under the cover of the Covid-19 pandemic.
This saw a series of reforms at the national drugs supplier that has seen several employees including the then CEO Jonah Manjari sent home.