Title: STATEMENT BY PARTICIPANTS AT THE STAKEHOLDER POLICY DIALOGUES
ON THE MINISTRY OF HEALTH AUDIT REPORT.
We, the undersigned nine organizations and associations, being representatives of
institutions drawn from the health, human rights, governance and development partners
have taken note of the recent revelations of theft, misuse and/or loss of public funds at the
Ministry of Health and the subsequent response to the report by the Cabinet Secretary, Dr.
Cleopa Mailu, EBS.
on resources meant for some of the most vulnerable and needy members of our society
namely expectant women, young children and persons living with HIV.
We welcome and stand in solidarity with all whistleblowers in government and
outside of government, and in equal measure incite the best of our civic consciousness and
duty as Kenyan citizens in defending the constitution.
We remain committed to and urge a completely transparent process of
investigations, verification and full disclosures to get to the bottom of the Afya House
scandal. Specifically, the investigations must answer the following questions:1. Violation of the Constitutional Mandate of the National Government – We note
with concern the continued and systematic violation of the Constitution by the
National Government by carrying out functions that are meant for the County
Government as provided by the Fourth Schedule to the Constitution. From
procurement of medical equipment to be leased to County, to the current report
which clearly shows procurement of goods and services meant for primary health
care, we see a deliberate effort to undermine county governments from carrying
out their mandate. Furthermore, we note that the Ministry of Health has not
provided evidence of a request from the County Governments to handle the
functions as provided in Article 187 of the Constitution or the perquisite
agreements as required by Article 26 of the Inter-Governmental Relations Act,
2012. The Ministry should make these requests and agreements from the Counties
mentioned in the report for public scrutiny;
2. Procurement process and Value-for-Money: Despite providing a response to the
audit queries raised, the Ministry has not provided clear information on what
necessitated the procurement, neither is there evidence of public participation on
the procurement process. Further, it remains unclear why the procurement of the
clinics and related materials was necessary. In particular:
i. When was the decision to procure made?
ii. Who originated the procurement process?
iii. Did the government get Value-for-money in this procurement?
3. Undermining the Office of the Auditor General: We take great exception with, and
find unjustifiable the ready willingness with which the Cabinet Secretary Ministry of
Health proposes to hire, at public expense, a fresh private external audit of the
monies in question. It remains unclear why there is an unwillingness to invite the
independent expertise of the Office of the Auditor General to determine whether
or not, and/or the extent to which public monies may have been lost,
misappropriated or misused by public officers;
4. Conflict of Interest and Nepotism: Ensure full disclosure and release of AGPO
Beneficiary Data including total value of awards and directors and for all the
eighteen (18) State Ministries since FY 2014/2015. Did the procurement process
adhere to AGPO (Access to Government Procurement Opportunities) provisions,
guidelines and definitions of disadvantaged/marginalized groups?
5. Role of the Controller of Budgets: The Ministry has not fully explained How and
when payments were approved and made to key suppliers.
6. Intimidation of the Media: We note with concern the deliberate intimidation and
continued threats of media houses and journalists, which is against the constitutional
rights of freedom of the media and access to information as provided in Articles 34
and 35 of the Constitution respectively. For this reason, we wish to condemn actions
by the Principal Secretary Dr. Nicholas Muraguri aimed at threatening and silencing
7. Involvement of the Auditor General: As a matter of urgency, we demand that the
Auditor General institute an independent probe into the matter.
As stakeholders, we will undertake the following actions in the coming days:
1. Write and engage with all the relevant players to provide the requisite
information to inform our next course of action.
2. Intensify calls for reforms in the health sector, particularly the
enactment of the Health Bill which should have a clear delineation of
roles and responsibilities of the National Government and County
Governments in the provision of healthcare services in line with the
Constitution of Kenya.
Kenya Medical Practitioners,
Pharmacists and Dentists Union
Health NGOs Network
Kenya Union of Journalists Kenya Treatment Access Movement
Society for International Development Transparency International-Kenya
The National Empowerment Network of
People living with HIV/AIDS in Kenya
Kenya Ethical and Legal Issues NetworkMzalendo
This statement was derived from a meeting with the following participants:
Association of Disabled Peoples of Kenya
Christian Partners Development Agency
Concierge Health Ltd
Family Health Options Kenya
International Community of Women Living with
Ipas Africa Alliance
JIPANGE SAWA SAWA
Kenya NGO Alliance Against Malaria
Kenya Union of Journalists
LIVE HEALTH INITIATIVE
Lower Eastern KMPDU
Nairobi Outreach Services Trust
Reachout Centre Trust
Society for International Development
STOP TB PARTNERSHIP – Kenya
Transparency International Kenya
U.S. Embassy Nairobi