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Ex-Kemsa bosses claim duress in Sh7.8bn PPEs mess

Procurement boss Charles Juma says he was getting express instructions from his boss.

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by moses odhiambo

Realtime24 March 2021 - 17:46
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In Summary


• The suspended officer said the instructions were verbal adding that at times those who were bidding for tenders were sent to his office.

• Juma cited the case of Aszure Commercial Services – a firm which landed a Sh347 million tender, as among those whose director – only identified as Dorothy, called.

Key officers at the centre of the Sh7.8 billion Kemsa PPE scandal on Wednesday attributed their omissions in the flawed tenders to working under duress.

Suspended Procurement Officer Charles Juma told the Public Investments Committee on Tuesday threw CEO Jonah Manjari – also on suspension, under the bus.

Juma said the CEO was the one who used to send suppliers to his officer and of which he would be forced to sign contracts for the same.

He added that directors of some of the concerned companies would walk into his office and claim to have been sent by the suspended CEO.

The official, when he appeared before the PIC chaired by Mvita MP Abdulswamad Nassir, said there were many companies that got tenders as a result of the ‘undue pressure’ from his boss and in some cases suppliers.

The suspended officer said the instructions were verbal adding that at times those who were bidding for tenders were sent to his office.

Juma cited the case of Aszure Commercial Services – a firm which landed a Sh347 million tender, as among those whose director – only identified as Dorothy, called.

Also probed was Eliud Muriithi of Commercial Services while suspended CEO Jonah Manjari skipped the meeting. He is expected next week.

But MPs told the official that they have interacted with witnesses who have confessed that they were told the prices at which they were to supply the items.

“What it goes to show is that you ended up purchasing these things at exorbitant prices without any market survey. Your colleagues have confirmed there was no survey,” Nassir said.

“When you tell us that there was no formal survey that was done, how did you do the one you claim to have done? Was it by telephone?” Nassir asked.

This was after Juma maintained that he collected prices data from MEDS – a medicine supplies entity, and that he called hospitals in Nairobi on the prices.

But MPs told the suspended Kemsa officer that there were other state entities that sourced the items at a much lower price compared with what Kemsa offered.

Suspended Director Commercial Services Kemsa Eliud Muriithi when he appeared before Public Investment Committee over Kemsa supplies, March 24, 2021

For his part, Muriithi of Commercial Services – who also faced the committee, said he had no role in procurement and was only be involved towards the end of the procurement process.

He said his department of commercial services was a user department as the requisition was done by the procurement department.

The officer said he was the one who raised issues on how the procurement was being carried out but was questioned on how he still went ahead to sign off the requisition documents.

But MPs demanded answers on how the requisition documents bore his signatures and whether he was not the one who was advising on the pricing of the Covid-19 items.

They put the officer to task to explain how his office was not involved yet its mandate is to buy and sell products procured by Kemsa.

Wajir East MP Rashid Kassim, a member of the PIC, said there was no way the officer could exonerate himself, being the architect of the pricing.

Muriithi told MPs that a negotiation committee dictated prices of the various goods the medical supplier procured to respond to the Covid pandemic.

 Lawmakers said it was regrettable that Kemsa procured three-ply face masks at Sh4,500 for a pack of 50 and PPEs at Sh9,000 per piece when cheaper options were available.

 Juma was told off after he attempted to claim that he saved the organization Sh4 billion. Muriithi also claimed he had stopped a requisition to the tune of Sh2.3 billion.

“I thank you for saving Kenyans Sh4 billion but all the same, yours is a rotten organization,” said Ruaraka MP Tom Kajwang’.

Nassir added: “If there was any negotiation on prices, it is not showing anywhere because the prices were uniform.”

This was after Muriithi claimed commitment letters had prices indicated.

Budalangi MP Raphael Wanjala said: “How comfortable were you when they were purchasing goods at exorbitant prices? Are you comfortable that 97 per cent of the stock is still lying in store?”

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