The move by Kemsa CEO Johan Manjari Mwangi to implicate the top Health Ministry officials in the procurement process of the Covid-19 supplies could do him more harm than good.
The CEO claimed that Health CS Mutahi Kagwe and PS Susan Mochache made direct contact with him to influence the procurement of equipment.
According to the procurement law, the CEO is entrusted with the procurement and daily operation of the organization and give the Cabinet Secretary to power to convey and articulate policies.
The Public Finance Management Act,2015 ensures that public finances are managed as per the constitutional principles.
Public officers tasked with the management of finances must be accountable to the public for the management of the finances through Parliament and county assemblies.
On the other hand, the Public Procurement and Assets Disposal Act,2015 requires all state organs to follow the law in planning and undertaking procurement, contract management, asset disposal, and inventory management.
There are allegations that Kemsa officials, led by Manjari, gave out tenders to selected firms to supply Covid-19 items at inflated prices.
Appearing before the Senate Health and Ad Hoc Committee on Covid-19, the Kemsa CEO said he received calls, text messages, and emails from top ministry officials putting pressure on him to procure the equipment.
“We got various requests from the Health CS, the PS Susan Mochache, and a member of the Covid-19 Emergency Response Board. The requests were in the form of phone calls, text messages, and even emails,” the CEO said.
But Kagwe and Mochache have denied the claims.
The claims put Manajri to the wraths of MPs who have viewed to personally hold him to account for the procurement mess if he disregarded the law while acting on the alleged instructions.
Speaking to a local publication, Kagwe said he did not direct the CEO to procure Covid-19 equipment from specific firms only relay the government policy that stressed on the use of locally manufactured materials.
“[I told him that] we must buy locally manufactured products and stop the importation of personal protective equipment (PPEs),” Kagwe told the Star on Monday.
According to Kagwe, it was not new for a CS to consult and direct government policies to all government parastatals.
Mochache, on the other hand, has written a protest letter to the acting CEO, to provide evidence of the claims by the authority that she instructed Kemsa to procure the items from specific suppliers.
The PS is alleged to have written a letter dated April 15 to Kemsa purportedly directing the authority to procure the items from specific firms.
In her protest letter, Mochache gave out all the communication channels and meetings she held with Kemsa. According to her, the agency had already procured items with Sh2.1 billion by April at the time of her writing.
“In light of the above, if indeed you stand by the allegations that you were given the instructions by the ministry regarding which suppliers to procure from and at what prices, please provide the letter that has been used to purport that my communication to you on this matter bore instructions as to where to source the items and their prices,” the letter reads.
Adding fuel to the fire, while in a meeting with the Senate Committee, Manjari denied claims that Manajri directed Kemsa to procure the items from specific companies.
Manjari said the companies attached to the PS’s letter was produced by Kemsa itself when it wrote to the PS requesting for funds to pay the companies for their supplies.
However, according to the letters, the PS authorized Manajri to directly procure 750 Abboit real-time SARS-COV2 test kits for Sh365, 940, 000.
Mochache is expected to appear before the National Assembly Health Committee to respond to the allegations.
Public Accounts Committee chairperson Opiyo Wandayi and his Finance counterpart Gladys Wanga said the CO will take personal responsibility for the misappropriation of funds at the agency.
According to them dragging the names of the top health ministry officials will not absolve the CEO from wrongdoing.
“We will not listen to excuses that people called from the ministry or sent text messages giving instructions. The law is very clear on how to procure items,” Wandayi said.
Manjari is accused of going against the Public Finance Management Act, 2015, as well as the Public Procurement and Asset Disposal Act, 2015.
Related: Kiraitu Murungi, CS Kagwe, and PS Mochache linked to Kemsa Scandal.
