KENYANS DEMAND COVID-19 KEMSA PROBE UPDATE AND ACTION

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Press Release.
Courtesy of Transparency International.

On 29th March 2021, Transparency International Kenya, Inuka Kenya Trust and The Kenya Legal &
Ethical Issues Network on HIV and AIDS (KELIN) wrote to the Office of the Director of Public
Prosecutions (REF: TI-Kenya/RFI/1/2021), in the interest of the public, to request for information on the
progress of the Kenya Medical Supply Authority (KEMSA) Covid-19 procurement scandal probe. To
date, no response has been given.

This is in contravention to Article 35 of the constitution of Kenya 2010 on the right of access to
information, and Sections 9(1) and 11(1) of the Access to Information Act, 2016.

Besides, there has been no action on the KEMSA Covid-19 Probe despite a directive by the President,
H.E Uhuru Kenyatta, issued on 26th August 2020, directing investigative agencies to undertake and
conclude investigations on the same within three weeks.

While no information is forthcoming from the ODPP on the KEMSAcOVID-19 probe, corruption cases
in the health sector continue to lead to loss of billions of shillings that is now affecting service delivery
in the health sector putting the lives of thousands of citizens at risk.

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.

Therefore, today we are here to present a public petition signed by more than 2,900 members of the
public requesting the ODPP to update the public on the progress of the KEMSA Covid-19 procurement
probe. The petition also calls on the ODPP to immediately provide information/report on the outcome
of and/or update on progress of the KEMSA Covid-19 procurement probe for the general public within
7 days of receiving this petition.

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.
The signatories of these organizations are stopping at nothing to see the ODPP follow up the KEMSA scandal and bring the corruption culprits to book. The war against corruption is a collective responsibility that require efforts from both the private and publics sector in order to eradicate the menace.

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