A man has moved to court seeking a temporary injunction restraining the Board of Directors of the Kenya Medical Supplies Authority (KEMSA) from whatsoever continuing to transact any business for and on its behalf pending the hearing and determination of the petition.
The petitioner, Kennedy Omondi Otieno claims that there is a planned urgent meeting of KEMSA’s Board of Directors which was scheduled to take place on 25th August 2020, with the main aim of reorganizing its Human Resource Department by victimizing those who are deemed whistleblowers to its corrupt deals as well as attempt to scuttle the looming investigations.
“Unless this application is heard in the first instance and on priority basis and interim
orders granted, the 1 st Respondent (KEMSA) is most likely to proceed with the planned meeting, do the reorganization and frustrate the ongoing investigations by the Ethics and Anti-Corruption Commission (EACC),” the petitioner claims.
Under a certificate of urgency, Otieno says the continued operation of the board members is most likely to lead to interference with evidence on the ongoing investigations and prompt the donors to actualize their threats of cutting off funds to the extreme risk of the health of Kenyans.
After the allegations of misappropriation of the Universal Healthcare Funds, The petition states that the Global Fund and the USAID have now threatened to withdraw funds that were meant to support HIV/AID, Tuberculosis and Malaria programs for the next 3 years thereby putting lives of millions of Kenyans at risk.
He swears in his affidavit that several donors led by the World Bank have responded by
availing approximately Sh 223 Billion to enable the country meet various mitigating
and precautionary measures, key among them being the procurement of face masks,
personal protective equipment (PPEs), ventilators, body suits and gloves.
“The said funds have continuously been channeled through the 1 st Respondent, KEMSA) being the government body responsible for procurement, warehousing and distribution of drugs and medical supplies to prescribed public health programs, the national strategic stock
reserve, prescribed essential health packages and national referral hospitals,” swears the petitioner.
He adds that in the recent days, reports have emerged showing how KEMSA has
embarked on unlawful spending spree of the donor funds by buying PPEs at inflated
prices almost double the market price, utilizing the donor funds to pay for items procured
without the approval of the Cabinet Secretary, Ministry of health, diverting large consignments of masks and ventilators donated by the international community to private warehouses upon arrival in Nairobi.
The constitutional and human rights division deputy registrar certified the matter as urgent and directed it to be heard during the High Court vacation.
The matter will be mentioned on 8th September to confirm compliance and for further directions.
