EACC Releases KEMSA Fraud Findings

  • EACC CEO Twalib Mbarak after presenting a cheque to the Kenya Covid-19 Fund on April 28, 2020.
    EACC CEO Twalib Mbarak after presenting a cheque to the Kenya Covid-19 Fund on April 28, 2020.
    Twitter
  • The EACC has completed its probe into the Ksh7.8 billion KEMSA Covid-19 procurement scandal.

    In a press statement issued on Friday, September 18, the anti-corruption commission stated that it had established criminal liability in the flawed Covid-19 emergency equipment procurement process.

    The offences were linked to the failure to follow the Public Procurement and Asset Disposal Act as well as actions contrary to the Public Finance Management Act.

    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Simon Kiragu
    KENYANS.CO.KE

    "EACC has recommended criminal charges against the concerned individuals for offences under the Anti Corruption and Economic Crimes Act, 2003, the Public Procurement and Asset Disposal Act and the Public Finance Management Act and Penal Code," the document read. 

    Findings were sent to the Director of Public Prosecutions Noordin Haji for further action.

    The DPP appointed a team of senior prosecutors to undertake an independent and comprehensive review of the file.

    The report is expected to be submitted within the next 14 days.

    Haji's team will use new guidelines launched on July 28 to make a decision on whether or not to charge the individuals whose names are on the report.

    The decision to charge is one of the most important decisions that a prosecutor makes before taking the suspect to court. 

    The new criteria will advise state prosecutors on who, how, when, where and why to charge suspects.

    Many cases have been bungled or thrown out by judges after prosecution blunders, but the new rules will help streamline the preparation of cases to build strong cases and secure a high conviction rate. 

    Financial abuse, graft and fraud have long plagued the country, hampering development, exacerbating inequality and suppressing economic potential.

    However, the expected convictions based on the weight of allegations levelled against suspects mentioned in public domains have left alot of room for improvement.

    Kenyans are often left wondering whether the recent surge in exposing corruption suspects marks a turn in the great war against corruption or just political theatre.

    The Kenya Medical Supplies Agencies headquarters in Industrial Area Nairobi.
    The Kenya Medical Supplies Agencies headquarters in Industrial Area Nairobi.
    Daily Nation