The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecution (ODPP) have issued a statement against Citizen TV report indicating that the ODPP was yet to return the KEMSA file.
The report, which was broadcasted on the night of Wednesday, October 6, indicated that DPP Noordin Haji was yet to return the file implicating six officials of Kenya Medical Supplies Authority (KEMSA) in irregular procurement that cost taxpayers Ksh7.8 billion.
Quoting anonymous sources from the commission, the broadcaster further indicated that the delay had impeded investigation a year since the ODPP announced that the file would be returned to EACC.
In a statement released on Thursday, October 7, the ODPP revealed that the report contained a misrepresentation of facts.
"The report by Citizen TV was innacurate, malicious and misleading, as it is obvious that a lot of work has been going on in the KEMSA probe, and EACC and ODPP have been working together to ensure that this matter which is of great public importance is exhaustively concluded.
"The position of the matter is that the ODPP has acted on the inquiry file by identifying the areas of further investigation and the same communicated and returned to EACC for their action," read the statement in part.
EACC, on the other hand, denied the claims noting that the file was safely in its hands. The anti-graft body further indicated that a team comprising of officers from the ODPP and EACC had been assigned to probe the irregularities allegedly caused by the accused.
"Reference is made to a news report featured on Citizen TV yesterday 6.10.2021 during the 9 pm news regarding the status of the KEMSA investigation.
"EACC wishes to clarify that whereas statutory reports indicate that the investigation files were forwarded to the Office of the Director of Public Prosecutions (ODPP), they have in the intervening period been returned to EACC to address points raised by the DPP. A team comprising officers from both agencies is currently working on the matter," the statement read in part.
In October 2020, Haji returned the file to EACC noting that the matter had attracted great public expectation and it was important for the team to ensure that there was sufficient evidence to support charges with a reasonable prospect of conviction.
Additionally, the DPP indicated that his team had identified key areas that needed to be sufficiently covered by way of further investigations before the final decision could be made.
"The constitution provides that the DPP must exercise State powers of prosecution with regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
"Having carefully analysed the report by the team and considering the requirements for a strong and successful prosecution, I have come to the same conclusion that the identified areas should be covered by the EACC," read a statement from the ODPP.
On September 18, 2020, the DPP received an inquiry file from the EACC on the allegations of irregular procurement and fraudulent payments relating to the purchase and supply of Covid-19 emergency commodities at KEMSA which led to the irregular expenditure of public funds amounting to Ksh 7.8 billion.
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