Thread by @JerotichSeii

Know that while you defend Mama Ngina's honour, she will always be able to afford private health care. Not your mother.

The 345pger is a white-collar-meets-murder crime scene. @MOH_Kenya @IKMAdvocates @generalelectric @Philips @AGOfficeKenya @Kenyajudiciary @KeTreasury

Eish!

https://twitter.com/citizentvkenya/status/1303758320113774598

2. Circa 2013-14, @MOH_Kenya envisioned a 7-10yr Public Private Partnership (PPP) to equip 94 Level 4 & 5 hospitals across 47 counties. This was approved on 22 Jan, 2014.

The PPP was ditched by June 2014 & an international Open Tender MOH/001/2014/2015 was launched.

#MAFyaHouse

3. As bids were submitted, the PPP under the Public Private Partnership Act, 2013 morphed into a Managed Equipment Service (MES) under the Public Procurement and Disposal Act, 2005 (repealed), now the Public Procurement and Asset Disposal Act, 2015. No justification.

#MAfyaHouse

4. So, @IKMAdvocates were brought in to provide legal advice on the optimal MES procurement approach (PPP vs. PPDA). They were single sourced & paid Sh48.8M for this.

Why would IKM recommend a PPDA that would ultimately cost more than the original PPP approach?

#MAfyaHouse

5. @MOH_Kenya ignored its '2014 Preliminary National
Assessment Report on the Status of Infrastructure, Equipment & Human Resources in the proposed Level 4 & 5 Facilities in the Counties', PLUS 3 sensible recommendations in favour of a MES PPDA approach.

Why?

#MAfyaHouse

6. Oh: PKF Consulting / Spa Infosuv provided a Value For Money assessment. Also single sourced.

The Senate Committee did not buy the reasons. More so for such a capital intensive project impacting 47 counties.

Why did @MOH_Kenya have pre-identified consultants?

#MAfyaHouse

7. On 5 Feb 2015, 5 contracts worth Sh38B were issued:

-Shenzhen Mindray (subcontractor: MEGASCOPE)
-MS Esteem (subcontractor: DEBRA)
-Bellco SRL (subcontractor: ANGELICA)
-Philips East Africa
-GE East Africa

These were CEREMONIAL contracts; pending finalisation.

#MAfyaHouse

8. @MOH_Kenya's single sourced legal & financial advice to adopt the MES public procurement WITHOUT adequate consultation/justification.

Ultimately, 47 counties that would have paid Sh31M/county/yr under the original PPP ended up paying Sh200M/county by FY2018-2019!

#MAfyaHouse

9. So, the "ceremonial" contracts went on to be finalized with NUMEROUS variations that sent county payments through the roof!

-21 additional hosps: Sh3.7B
-HCIT (Seven Seas Tech): Sh4.7B
-Lab equipment: Sh1.1B
-M&E: Sh298.5M

Counties were still in the dark.

#MAfyaHouse

10. Health is a devolved function according to the fourth schedule of the Constitution. However, @MOH_Kenya took over completely.

Counties were left with costs, liabilities, duplicated & unused equipment. Also due to lack of water + electricity #SwitchOffKPLC.

#MAfyaHouse

11. @MOH_Kenya did not consult adequately with county govts contrary to Article 187.

Counties did not cede their powers to the national govt. Most of the 47 governors felt coerced into signing the MOU. Gov. Isaac Ruto of Bomet was the only one who refused to sign.

#MAfyaHouse

12. Worst of all? Disbursements to counties - that have so far paid Sh619,000,000 each into MES - were never deposited into the County Revenue Fund. @MOH_Kenya paid MES contractors directly.

This violates Section 109(2) of the Public Finance
Management Act, 2012.

#MAfyaHouse

13. And then we have the Letters of Support that @MOH_Kenya pressured @AGOfficeKenya @KeTreasury @Kenyajudiciary to sign off on.

@generalelectric @Philips are MAJOR culprits here & it's high time we asked @DutchMFA & @congressdotgov to look into these companies.

#MAfyaHouse

14. As a Public Procurement & Assets Disposal 2015 project, contractors do NOT require Letters of Support with sovereign commitments.

@MOH_Kenya colluded with @IKMAdvocates (also attorneys for @generalelectric) to pressure the AG & Treasury.

Conflict of interest.

#MAfyaHouse

15. Not only did @generalelectric & @Philips get their LOS, Shenzhen Mindray, Esteem & Bellco did too.

This freed them - with ZERO liability - to subcontract firms who that might not have qualified as independent bidders.

Recall Megascope? #Covid19Millionaires

#MAfyaHouse

16. And then came Seven Seas Tech in 2017; contracted as "Lot 7" for the HCIT worth Sh4.7B. Mike Macharia thought he could obtain an LOS like the other contractors.

By then, I think @AGOfficeKenya @KeTreasury had woken up to their complicity in irregularities.

So, issa BIG NO.

17. Seven Seas Technology since had its contract cancelled by @MOH_Kenya in November 2019 for non performance.

https://twitter.com/JerotichSeii/status/1225392587349123072?s=20

He may still walk away with 80% of the contract value in penalties.

MES stinks to high heaven.

@MAfyaHouse

18. The MES is riddled with criminal irregularities. When one linen trolley costs Sh306,000, you know that just like #Covid19Millionaires, variations are deliberate.

KEMSA is also here. Working with Bellco's local contractor, Angelica.

#MAfyaHouse

19. 👇🏾

-sole supplier of consumables/reagents: Angelica
-counties buy from Angelica
-counties now buy from KEMSA (since 2019)
-KEMSA is supplied by Angelica

Contractors should be obliged to keep counties stocked. The "ceremonial" contract availed many loopholes.

#MAfyaHouse

20. There is a wide cast of past/present CSes/PSes from @MOH_Kenya. But front & centre?

-James Macharia
-Nicholas Muraguri

Happy & free, they are. @IKMAdvocates too.

@AGOfficeKenya - sloppy
@KeTreasury - pressured
@Kenyajudiciary - toothless
@Senate_KE - absent

#MAfyaHouse

21. Much as I thank the @Senate_KE Health Comm, the recommendations are weak.

Will the culprits @MOH_Kenya walk?

BTW, @KenyaPower has stolen Sh150B from itself, not to mention the wider energy sector with trillions in question. Imagine the report. #SwitchOffKPLC

#MAfyaHouse