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Haji dispute stalemate between ODPP and EACC in Kemsa case

The Director of Public Prosecutions (DPP) Noordin Haji, has disputed that his office and the Ethics and Anti-Corruption Commission (EACC) are in disagreement over the Kemsa corruption investigations.

Through a statement, Haji notes that they are working closely with the commission to nullify media claims that the two bodies were warring over the matter, which is untrue.

“For clarity, the DPP stated that the files were sent back to EACC because the ODPP opined that EACC needed to cover certain areas to ensure the case is watertight in order to allow for quality prosecution and the recovery of lost funds. The ODPP is aware that EACC Kenya is following up on Mutual Legal Assistance from countries where the supplies were procured,” DPP said.

Haji maintained that he did not accuse the EACC of conducting poor investigations, but rather that he was merely highlighting the complexities of dealing with cases involving other countries.

He further indicated that he requested the commission to reveal and investigate the relationship between the involved companies and Kemsa, look at the Auditor General’s reports, which contained more names than those presented; and follow the money approach, which is a strategy for reclaiming the proceeds of crime and having them returned to public coffers.

“For the avoidance of doubt, the ODPP did not accuse EACC of shoddy investigations as has been reported in sections of the news. Instead, it acknowledged the complexities of handling cross-border corruption cases, which have played a role in delaying the conclusion of the investigations, and said it is looking forward to the completion to proceed with prosecution,” the statement read.

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This comes after a civil society organisation petitioned yesterday requesting a report on the Kemsa Covid-19 procurement case.

Transparency International Kenya, Inuka Kenya Trust, and the Kenya Legal & Ethical Issues Network on HIV and AIDS presented the petition (KELIN).

The petition, which has been signed by over 2,900 people, are now asking the ODPP to make a public report on the outcome or progress of the investigation within seven days of receiving the petition.

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