Haji’s office said they had written to the EACC CEO Twalib Mbarak on September 13 last year ordering a deeper probe.
Image: FILE
Director of Public Prosecutions Noordin Haji now says suspects in the Kemsa Covid-19 scandal are yet to be charged because investigations are still ongoing.
The DPP said his office asked the Ethics and Anti-Corruption Commission to conduct deeper investigations in order to have a strong case in court.
Through chief of staff Lilian Obuo, Haji on Wednesday said EACC is yet to get back on the matter.
The DPP’s office said the war against the scandal was still at the investigation stage. The DPP asked institutions involved to do their job effectively.
“We only prosecute and not investigate. If some people have not done their part in doing an effective investigation of the matters, we cannot be faulted,” Obuo said.
She addressed protesters who handed petitions regarding the case to the DPP's office.
The protestors were led by Transparency International executive director Sheila Masinde and Allan Maleche, the executive director of Kenya Legal and Ethical Issues Network on HIV and AIDS.
They said despite President Uhuru Kenyatta giving a 21 days ultimatum on August 2020 to have the matter investigated and perpetrators prosecuted, nothing has happened since.
The scandal involved the loss of over Sh7.8 billion and protective gear that was meant for the fight against the Covid-19.
Haji’s office said they had written to EACC CEO Twalib Mbarak on September 13 last year ordering a deeper probe and highlighting the areas that the investigation must cover to ensure conviction in court.
However, Obuo said the letter is yet to be replied to.
Mbarak was unreachable for a comment on the matter.
In the letter, the DPP had declared that the preliminary investigations by the EACC were inadequate.
The files forwarded to it, it said, had no evidence showing collusion between Kemsa officials and the Covid-19 item suppliers, diminishing chances of a successful prosecution.
It indicated that the probe had not exhausted the money trails to help nail the beneficiaries as part of pursuing justice over the scandal.
The DPP said the role of the Kemsa board, the director of medical services and the connected traders be explored.
The office said the commission had not factored the evidence that emerged during the hearing at the parliamentary committees and from the Auditor General’s office.
The DPP had directed that forensic investigators examine the input from the Parliamentary Committee and those from the auditor general and have the testimonies included.
The EACC was to conduct further forensic investigations of the emerging information which goes beyond the eight companies that had been investigated in the first phase.
“Our letter has not been replied to and so we don’t know whether the areas we flagged have been covered or not. We don’t know the status of the probe,” Obuo said.
“We have to wait for EACC, we cannot do their work. Each institution must be accountable for its functions.”
Edited by Kiilu Damaris