Chief State Counsel James Mwenda in a memo to Health Cabinet Secretary Mutahi Kagwe has accused ministry officials, Pius Wanjala and Ezekiel Chepkwony of corruption and coverups.
The eight-page memo dated Friday, June 5 implicated the National Quality Control Laboratory (NQCL) Chief Executive Officer, Hezekiel Chepkwony and his deputy Pius Wanjala.
The two are accused of standing in the way of ministry officials who are implementing corrective measures to improve efficiency in service delivery.
They have also been cited as rogue suspects who have been doing their best to stop the EACC from conducting investigations into the alleged corruption at the Ministry of Health.
Wanjala and Chepkwony allegedly breached the Public Officer Ethics Act and the Employment Act Number 11 of 2007 while conducting their duties.
Whereas Wanjala is a full-time public officer employed by the Ministry of Health and deployed at the National Control Laboratory, he also working as an advocate of the High Court under Masika & Koross Advocates.
Wanjala, in particular, is accused of conflict of interest by engaging in private practice during working hours.
He also acts as an advocate representing the Quality Assurance Laboratory in Court and used public money to institute various proceedings in different courts against the government.
Chepkwony, on the other hand, is accused of violating the Public Officer Ethics Act and Employment Act by serving as an independent contractor while doubling up as an Employee at the Ministry of Health on top of his post at the NQCL.
According to the memo, Wanjala and Chepkwony were posted to other stations severally but declined an instituted proceeding against the Ministry of Health in various courts, resisting their posting.
Section 12 (3) of the Public Office Ethics Act states that a public officer whose personal interests conflict with his/her official duties, shall declare the personal interests to his/her superior or other appropriate body and comply with any directions so as to avoid conflict.
The report also faults the National Quality Assurance Laboratory and its board for misusing public money and being unable to develop and implement a disciplinary code of conduct.
Other senior officers at the Ministry who resisted being transferred are Morekwa Murang'a and Fridah Govedi who is the head of the Kenya National Blood Transfusion Service.
Kagwe on Wednesday, May 27 admitted to corruption in the ministry while firing a warning to his staff who were involved in graft.
"Let me tell you something, this building here called Afya House has some very good people. It has some very committed people. It has people who work day and night, who work so hard in difficult circumstances. But this building has got its fair share of criminals," noted Kagwe.
