MISREPORTED

No stalemate between ODPP and EACC in Kemsa case - Haji

"For the avoidance of doubt, the ODPP did not accuse EACC of shoddy investigations as has been reported in sections of the news," the statement said.

In Summary

• According to Haji, the ODPP is closely working with the Ethics and Anti-Corruption Commission and media reports saying that the to bodies were feuding over the case are false.

• "The ODPP is aware that EACC Kenya is following up on Mutual Legal Assistance from countries where the supplies were procured."

DPP Noordin Haji on April 7, 2022.
DPP Noordin Haji on April 7, 2022.
Image: FILE

The Director of Public Prosecutions Noordin Haji has denied existence of an impasse between his office and the EACC over Kemsa scandal investigations.

According to Haji, the ODPP is closely working with the Ethics and Anti-Corruption Commission and media reports saying that the to bodies were feuding over the case are false.

"For clarity, the DPP stated that the files were sent back to EACC because the ODPP opined that EACC needed to cover certain areas to ensure the case is watertight in order to allow for quality prosecution and the recovery of lost funds," a statement from the ODPP said.

"The ODPP is aware that EACC Kenya is following up on Mutual Legal Assistance from countries where the supplies were procured."

Haji insisted that he did not accuse the anti-graft Commission of doing shoddy investigations, adding that he only pointed out the intricacy in handling cases that involve other countries.

He also stated that he requested the EACC to reveal and investigate the relationship between involved companies and Kemsa, look at the Auditor generals reports which had more names than those presented and follow the money approach, a strategy that will be used to reclaim the proceeds of the crime and have them returned to public coffers.

"For the avoidance of doubt, the ODPP did not accuse EACC of shoddy investigations as has been reported in sections of the news," the statement said.

"Instead, it acknowledged the complexities of handling cross-border corruption cases, which have played a role in delaying the conclusion of the investigations, and said it is looking forward to the completion to proceed with prosecution."

The DPP's remarks come after a section of the civil society on Wednesday petitioned the ODPP demanding an update on the progress of Kemsa Covid-19 procurement probe.

The petition was presented by Transparency International Kenya, Inuka Kenya Trust and The Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN).

The organisations in the petition signed by more than 2,900 members of the public now want the ODPP to provide a report on the outcome or 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.

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