Mixed reactions over Kemsa Bill

By Roselyne Obala

Kenya: The National Government and counties have struck a deal that will see Kenya Medical Supplies Authority (Kemsa) continue procuring drugs to ensure consistency and quality at least in the short term, as debate on the Kenya Medical Supplies Authority (Kemsa) Act 2013 rages.

This is after Senate Majority Leader Kithure Kindiki’s proposed Ammendment Bill was rejected by Senator allied to CORD.

Senators Chris Obure (Kisii), Otieno Kajwang’ (Homa Bay), James Orengo (Siaya), Janet Ongera (nominated) and Chris Machage (Migori) said counties should be allowed to decide whether to continue procuring drugs from Kemsa or source elsewhere.

“We cannot say we are supporting devolution and still hold back devolved functions. This is arm-twisting counties,” said Minority Leader Moses Wetang’ula.

The Standard has since established that the Ministry of Health had indicated that there is around Sh8 billion worth of drugs in Kemsa stores and allowing counties to procure drugs from other agencies might cost the tax payers more.

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The lawmakers said the proposed Amendment Bill is designed to compel counties to purchase medical supplies from the State agency. The proposed changes also recommend the reconstitution of the Kemsa board, to include two representatives from the Council of Governors and to compel Health Cabinet Secretary James Macharia to consult counties on any subsidiary regulations.

Council of Governors Chairman Isaac Ruto has backed the proposed amendments, saying they are good but should be reviewed.

“The representation of counties at the board should be half. Counties are the main consumers of the drugs and medical supplies,” he said.

Compulsory

The Board is constituted of eleven members. He said that as much as Kemsa is allowed to procure drugs for counties, it should not be compulsory but persuasive as this is entirely a county function.

Senators allied to CORD criticised the proposed law, saying it was meant to force counties to procure medical supplies from Kemsa and thereby continue creating room for cartels to operate. Prof Kindiki said the Bill, if made law would provide a legal framework for an already existing arrangement in the procurement of medicine in counties.