The Director of Public Prosecutions Noordin Haji has declined to order the charging of suspects implicated in the Sh7.8 billion irregular procurement at the Kenya Medica Supplies Agency (Kemsa).
In his response, DPP Haji said that he has returned the files to the Ethics and Anti-Corruption Commission for further investigations into identified gaps.
"Upon conclusion of the review, the team identified key areas that need to be sufficiently covered by way of further investigations before a final decision can be made," said Haji.
Further, the DPP said he has also not yet received the audit report by the Auditor-General Nancy Gathungu which she presented to the Senate Joint Committee on Health and ad hoc Committee on Covid-19.
On Thursday, woes facing the Health Principal Secretary Susan Mochache and the suspended Kemsa chief executive Jonah Manjari deepened after MPs directed investigative agencies to investigate and institute legal action against them for the irregular expenditure of Covid-19 funds.
Members of the National Assembly Departmental Committee on Health chaired by Murang'a Woman Representative Sabina Chege also asked the investigative agencies to probe the board chaired by former Murang'a Senator Kembi Gitura.
The MPs also called for the total overhaul of the entire board within the next 30 days. They accused it of failing to give guidance and directions to the Kemsa management in the wake of the Covid-19 pandemic.
"That the Director of Criminal Investigations and the Ethics and Anti-Corruption undertake investigations into the role of the Principal Secretary, Ministry of Health on disputed procurement processes at the Kenya Medical Supplies Authority and take appropriate legal action where necessary," reads the report in part.