A businessman has moved to court seeking to temporarily bar the board of directors of Kenya Medical Supplies Authority (KEMSA) from transacting any business on behalf of the state agency.
In a case filed under certificate of urgency, Kennedy Omondi Otieno argued that the continued stay of the board might interfere with investigations.
Omondi through the firm of Bryan Khaemba and Company Advocates also seeks the suspension of the board, from office, pending completion of investigations into the loss of billions of COVID-19 funds.
He said the continued operation of the board members will most likely to lead to interference with evidence on the ongoing investigations and prompt the donors to actualize their threats of cutting of funds, to the detriment of Kenyans.
He argued that he is apprehensive that if this petition is not heard in the first instance and orders given, the ends of justice is more likely to be defeated and frustrated.
“The Petitioner is now aware of a planned urgent meeting of the Board of Directors of the KEMSA which is scheduled to take place on August 25, 2020, with the main aim of reorganizing its human resource department by victimizing those who are deemed whistle blowers to the KEMSA corrupt deals as well as attempt to scuttle the looming investigations,” said Omondi.
He claims unless this application is heard on priority basis and interim orders granted, the board is most likely to proceed with the planned meeting, do the reorganization and frustrate the ongoing investigations by the Ethics and Anti-Corruption Commission (EACC).
He argued that Coronavirus pandemic has presented the Country with unprecedented challenges as the state attempts to flatten the curve on infection and save lives.
Due to its global magnitude, several donors, he said led by the World Bank responded by availing approximately Kshs 223 Billion to enable the country meet various mitigating and precautionary measures, key among them being the procurement of face masks, personal protective equipment (PPEs), ventilators, body suits and gloves.
The said funds, he added, have continuously been channeled through KEMSA being the government body responsible for procurement, warehousing and distribution of drugs and medical supplies to public health programs, the national strategic stock reserve, prescribed essential health packages and national referral hospitals.
However, in the recent days, Khaemba said reports have emerged showing how KEMSA has embarked on unlawful spending spree of the donor funds by buying PPEs at inflated prices almost double the market price, utilizing the donor funds to pay for items procured without the approval of the Board diverting large consignments of masks and ventilators donated by the international community to private warehouses upon arrival in Nairobi.
Going by the said reports, he added that the President directed investigations to be carried out so that all persons found culpable could be prosecuted.
However, due to the said mismanagement of the Universal Healthcare Funds, the Global Fund and the USAID have now threatened to withdraw funds that were meant to support HIV/AID, Tuberculosis and Malaria programs for the next 3 years thereby putting lives of millions of Kenyans at risk.
At the moment, the pandemic has infected 32,364 Kenyans with 548 deaths mostly occasioned by the scarcity of PPEs and ventilators.
The information on the mismanagement of the donor funds at the KEMSA was brought to light by whistleblowers who are employees of the 1st Respondent.
Justice John Makau certified the application urgent and directed the case to be mentioned on September 8 to confirm compliance and further directions.
There's no story that cannot be told. We cover the stories that others don't want to be told, we bring you all the news you need. If you have tips, exposes or any story you need to be told bluntly and all queries write to us [email protected] also find us on Telegram
