Saturday September 19, 2020 – The Ethics and Anti-Corruption Commission has completed its investigation into the Ksh7.8 billion KEMSA Covid-19 procurement scandal.

In a statement to Kenyans, the anti-corruption commission stated that it had established criminal liability in the flawed Covid-19 emergency equipment procurement process.

The offences were linked to failure to follow the Public Procurement and Asset Disposal Act as well as actions contrary to the Public Finance Management Act.

“EACC has recommended criminal charges against the concerned individuals for offences under the Anti-Corruption and Economic Crimes Act, 2003, the Public Procurement and Asset Disposal Act and the Public Finance Management Act and Penal Code,” the document read. 

Findings were sent to the Director of Public Prosecutions, Noordin Haji, for further action.

The DPP appointed a team of senior prosecutors to undertake an independent and comprehensive review of the file.

The report is expected to be submitted within the next 14 days.

Haji’s team will use new guidelines launched on July 28th to make a decision on whether or not to charge the individuals whose names are on the report.

The decision to charge is one of the most important decisions that a prosecutor makes before taking the suspect to court. 

The new criteria will advise State prosecutors on who, how, when, where and why to charge suspects.

Many cases have been bungled or thrown out by judges after prosecution blunders, but the new rules will help streamline the preparation of cases to build strong cases and secure a high conviction rate. 


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