DPP says gaps in KEMSA procurement probe to be closed before prosecution

Director of Public Prosecutions (DPP) Noordin Haji wants further investigation into the alleged misuse of Sh7.8 billion Covid-19 funds by Kenya Medical Supply Authority (Kemsa) to approve charges against implicated officials.

In a statement on Friday, Haji (pictured) said despite the scandal attracting public interest, his office had returned the files to the Ethics and Anti-Corruption Commission (EACC) for further probe to ensure there is sufficient evidence to support charges with a reasonable prospect of conviction.

"The constitution provides that the DPP must exercise State powers of prosecution with regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process," read the statement.

Haji said a careful review on the inquiry files found out that there was a wider scope of investigations with several witnesses, entities and numerous documents to be examined hence the need for further investigations into the matter.

"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," he added.

According to Haji, the decision was also informed by the fact that his office was yet to receive a copy of the special audit report on the utilisation of Covid-19 funds presented to Joint Senate Committee on Health by Auditor General Nancy Gathungu.

He said a team of investigators from ODPP will hold joint meetings with those from EACC to adequately address the gaps on the sufficiency of evidence in accordance with the law.

This comes after EACC had recommended the prosecution of six senior officials from the authority over the scandal.