Bill seeking county drugs role for Kemsa splits Senate

Minority Leader Moses Wetang’ula said Kemsa was beset with inefficiencies in procurement and distribution of drugs.

What you need to know:

  • Opposition views the proposed law as bid to claw back some functions devolved to counties.

A Bill seeking to deny governors discretion on where to buy drugs and medical supplies on Tuesday split the Senate down the middle with some senators calling for it to be withdrawn to pave the way for consultations.

The Kenya Medical Supplies Authority (Amendment) Bill sponsored by Majority Leader Kithure Kindiki seeks to grant the Kenya Medical Supplies Agency (Kemsa) exclusive rights to procure drugs and medical supplies for the 47 county governments.

Opposition senators viewed the Bill as an attempt by national government to claw back some of the functions devolved to the counties while others said that it was sponsored by cartels that have controlled the medical drugs trade for years.

“The choice of procuring through Kemsa should entirely be left to the county government,” Kisii Senator Chris Obure said.

Minority Leader Moses Wetang’ula said Kemsa was beset with inefficiencies in procurement and distribution of drugs.

“Everybody knows the corruption and cartels at Kemsa. We have seen Kemsa deliver huge chunks of malaria drugs to Nandi and Nyahururu when it is required in Kisumu and Nyanza,” Mr Wetang’ula said.

Homa Bay Senator Otieno Kajwang’ said that the brokers in the medical supply chain were behind the Bill with the intention to keep drugs beyond the reach of many Kenyans.

“We are not going to provide a market for Kemsa to dump its expensive drugs. If you want to force us by law we will oppose it,” Mr Kajwang said.

Mr Wetang’ula asked Prof Kindiki to withdraw the Bill for senators to build a consensus on it, a view supported by Elgeyo Marakwet Senator Kipchumba Murkomen.

“The Constitution says you can’t transfer responsibility without a corresponding budgetary allocation. You can’t give counties money for drugs and dictate that Kemsa should be the only body to procure drugs,” he said.

As we went to press, Mr Murkomen moved a Motion to adjourn debate.

“We have acted in a partisan manner since inception of this House. I wish to move a Motion that this debate be adjourned,” he said.

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