This archive report was first published on 17 July 2020.
On July 17, 2020, the Ethics and Anti-Corruption Commission (EACC) began investigating top officials at the Kenya Medical Supplies Authority (KEMSA) over a Ksh.7.7 billion tender for COVID-19 Personal Protective Equipment (PPEs).
The tender, which was to be delivered by July 22, 2020, was awarded to KILIG Limited through direct procurement under the cover of emergency needs. However, EACC is concerned that the tender was hurriedly awarded despite the fact that KEMSA was given three months to supply the PPEs, as opposed to one month.
KEMSA Board Chairman, ex-Senator Kembi Gitura, stated that any top officials charged in the investigation will have to step aside if found guilty.
According to KEMSA's approved budget, only Ksh.4.7 billion should have been allocated for the procurement of PPEs. However, the commitment letters issued by KEMSA exceeded the budget by Ksh.3 billion.
The tender was for the procurement of 450,000 kits, each valued at Ksh.9,000. KILIG Limited was identified through direct procurement, raising questions over the mode of procurement chosen for such an expensive tender.
Procurement Director Charles Juma raised concerns over the awarding of the tender to KILIG Limited, stating that the authority already had stocks of up to 160,000 kits, and more than 200,000 kits were expected to be delivered.
He also questioned the urgency to procure 450,000 more kits, given that three months were allowed for delivery. Juma observed that direct procurement was unnecessary and that the tender to KILIG Limited should have been revoked.
As part of the investigation, EACC has asked for documentary evidence around the award of the tender to KILIG Limited, including tender advertisement notices, bids submitted by bidders, and tender opening minutes.
Principal Secretary Susan Mochache had written to KEMSA CEO Jonah Manjari in May, communicating an audit of procurement made on behalf of the ministry relating to COVID-19, whose payments were to be made using World Bank Funds.
