The Ethics and Anti-Corruption Commission has finalized investigations into the Sh7.8 billion Kemsa scandal and for the first time gave a glimpse of the agency’s top brass it wants prosecuted.
The Star has established that the EACC re-submitted its investigation file to Director of Public Prosecutions Noordin Haji on October 22 last year exposing details of the public rip-off.
The file was initially sent to the DPP on October 11 but Haji sent it back asking the EACC to tie some loose ends.
In the initial file, EACC disclosed, it had recommended the prosecution of at least six senior officials, including suspended CEO Jonah Manjari.
Other EACC wanted charged are Procurement director Charles Juma, Commercial Services director Eliud Muriithi and Finance and Strategy Director, Finance manager, and the personal assistant to Manjari.
The Star has established that the EACC has now finalised the investigations, which were done in batches and involved some highly connected suppliers.
No supplier has, however, been named in the report prepared for Parliament.
EACC chief executive officer Twalib Mbarak, an ex-military intelligence officer, has often put graft lords on notice.
In its report, EACC has unearthed the rot that was perpetuated on Kenyans as the world faced a global pandemic that pushed the global economy to its knees.
EACC says Kemsa did not get value for money in the procurement as it purchased Covid-19 response items at exorbitant prices and not within the prevailing market prices.
Investigations also established that Kemsa flouted procurement laws and procedures as well as public finance management procedures.
“Investigations revealed that Kemsa exceeded its available budget by about Sh3.2 billion. Further investigations established that Kemsa had no real justification for use of the direct procurement method as much as it justified the same citing an urgent need for the stocks in question because suppliers who were issued with commitment letters to supply the items did not deliver within the stipulated period,” EACC noted.
The Commission said that much of the stocks delivered to Kemsa are still lying in the stores.
In its initial report, EACC had recommended several counts of charges to the Kemsa top brass among them willful failure to comply with the law relating to procurement, abuse of office, and unauthorized use of public money.