Director of Public Prosecutions (DPP) Noordin Haji has returned an inquiry file into the loss of COVID-19 funds at the Kenya Medical Supplies Authority (KEMSA) to the EACC.
According to the DPP, EACC forwarded the file on September 18 for further action.
Haji said that the anti-corruption commission recommended the prosecution of six Kemsa officials over the ill procurement of equipment worth Sh7.8 billion.
But the DPP declined to take legal action against the six senior officials over gapping holes in the inquest.
“On review, it emerged that the scope of investigations was massive, with several witnesses, entities and thousands of documents to be examined. This was achieved despite the clear time constraints. Upon conclusion of the review, the team identified key areas that need to be sufficiently covered by way of further investigations before a final decision can be made, ” the statement reads.
“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.
“Accordingly, the inquiry file has been returned to the EACC to cover the areas identified for further investigations.”
Haji has directed prosecutors to work with EACC investigators in order to expedite the investigations in accordance with the Constitution, the ODPP Act, the Anti-corruption and Economic Crimes Act, the Evidence Act, the Criminal Procedure Code, the NPP and the DTC Guidelines among others.
The DPP also noted that he will take into account an audit report tabled before a senate committee by Auditor Genera Nancy Gathungu.
The damning report revealed that taxpayers lost Sh2.3 billion due to the irregular procurement and that Kemsa officials colluded with the companies that were awarded the tenders.
“The Auditor General, Ms. Nancy Gathungu, on Wednesday 30th September 2020, presented to the Senate Joint Committee on Health and ad hoc Committee on Covid-19, a Special Audit Report on the Utilization of Covid-19 Funds by KEMSA. My Office has not officially received the audit report; once it does, it will be taken into consideration, ” he said.