The National Assembly’s Public Investments Committee on Social Services, Administration and Agriculture (PIC-SSAA) has faulted the Public Procurement Regulatory Authority (PPRA) over its handling of audit queries tied to emergency contracts during the COVID-19 pandemic.
Committee members, led by chairperson Emmanuel Wangwe on Friday, questioned the regulator’s oversight role in the multibillion-shilling medical supplies scandal at the Kenya Medical Supplies Authority (KEMSA).
The legislators accused PPRA of failing to enforce procurement laws and allowing irregularities in tenders worth billions.
“We are interested in the list of 141 tenders, which amount to nearly Sh7 billion. You are asking for more time, but this committee will not give you that luxury. As the regulatory authority, you ought to have this information readily available,” Wangwe told PPRA Director General Patrick Wanjuki.
The committee was informed that Section 104 of the Public Procurement and Asset Disposal Act permits direct procurement in situations of extreme urgency, including pandemics. However, lawmakers argued that the provision was abused and did not serve its intended purpose.
Vice-Chairperson Caleb Amisi said PPRA failed in its oversight role.
“There is no law without loopholes, but there is always the spirit of the law. This was a global pandemic, and both KEMSA and PPRA should have been prepared. We cannot sit here and allow institutions to exploit loopholes for personal gain,” Amisi said, while demanding to know how other countries, including the United Kingdom, managed procurement during the crisis.
Ndhiwa MP Martin Peters Owino added that the authority could not run away from its responsibility.
“We have called you here to call a spade a spade. Most of these tenders were done irregularly. People took advantage of the crisis to squander public funds. What is PPRA’s real role in safeguarding emergency procurement?” he asked.
In his response, Wanjuki admitted that the process was flawed, pointing to global challenges that limited options for sourcing medical equipment.
“This process was not taken correctly, but we must acknowledge that the skies were closed, and those who had imported equipment took advantage of that situation. As a country, we also failed to adequately prepare for the COVID-19 pandemic,” he explained.
He further acknowledged that PPRA had no effective enforcement powers.
“Currently PPRA is toothless; there is nothing much we can do. However, I urge this committee to add its voice to the amendments before the House on the Public Procurement and Disposal Act. These amendments propose sanctions and penalties against officers who engage in corruption,” Wanjuki said.
His defense did little to convince the lawmakers, who maintained that institutions must always safeguard public resources regardless of circumstances.
Turkana North MP Nabuin echoed this view, saying corruption had become entrenched.
“The problem with us Kenyans is that even those tasked with enforcing the law have their own vested interests, making it difficult to weed out corruption,” he said.
Amisi pressed further on the consequences faced by procurement officers implicated in irregularities.
“When procurement officers engage in corruption like at KEMSA, do they lose their licences to practice? Is there any form of reprimand?” he asked.
Wanjuki admitted there was no such mechanism but assured the committee that ongoing legislative changes would help address the gaps.