Medicine worth Sh8 billion is at risk of going to waste in the wake of a raging procurement battle between a government body and county governments.
The senators who are tasked with writing laws affecting counties are divided on which institution should supply drugs to hospitals across the country.
Jubilee senators want the Kenya Medical Supplies Authority to distribute the drugs whereas Cord wants county governments to be allowed to buy medicine for their hospitals.
The Senate has been trying to come up with a legal framework to help solve the confusion.
A Bill seeking to change the KEMSA Act 2013 to enable the Authority to perform the function was met with resistance when it was brought to the Senate for its Second Reading on Tuesday.
Lawmakers allied to Jubilee supported it, saying the supply of drugs to the hospitals would be better done by a parastatal than the devolved governments. The Kenya Medical Practitioners, Pharmacists and Dentists Union (KPMDU) also, separately, supported the push to let the responsibility remain with Kemsa.
But the Opposition led by Minority Leader Moses Wetang’ula fought the proposed law, saying it would undermine devolution.
Moving the KEMSA (Amendment) Bill 2014 on Tuesday, Leader of Majority Kithure Kindiki said the new law would safeguard current arrangements.
“Counties are already buying drugs from Kemsa without a legal framework. Most of the counties do not have adequate capacity to store vaccines and are working with Kemsa on that outside the law,” said Prof Kindiki.
The Authority estimates that all the hospitals country wide would consume drugs worth Sh8 billion by December. The medicine is already in warehouses awaiting transport to hospitals in the 47 counties and could expire if they are not distributed as soon as possible.
Kemsa has so far distributed medical supplies worth more than Sh2 billion to 45 counties in loose arrangements not backed by any law since January 2014.
According to the proposed law, the Council of Governors will be represented on the Kemsa board. Two people, man and woman, would be appointed by the Council but would have to be approved by the Health Cabinet Secretary James Macharia.
SERVE BOTH GOVERNMENTS
The Bill “proposes to amend the long title to the Act to provide that the Kemsa shall serve both the national government and the county governments.”
Seconding the Motion, West Pokot Senator John Lonyangapuo said it would help streamline supply of drugs.
“The Bill ensures that the medicines are known where they come from. It is not prudent for counties to move around procuring drugs. Medicines will be guaranteed in hospitals,” Prof Lonyangapuo said.
The Council of Governors said all the health functions should be devolved including the purchase of drugs.
Mr Wetang’ula argued that denying county governments the opportunity to buy drugs was a ploy by the Jubilee government to derail devolution. He also said governors were not consulted in the formulation of the Bill.
“I have understood the idea behind it but what this House is not being told is whether the Council of Governors has made such a request. What we are trying now is to micro-manage the counties. We are trying to help counties when the council has not asked for such help. Everybody knows the cartels at Kemsa, everybody knows the corruption at Kemsa,” said Mr Wetang’ula.
The Cord leader said “known cartels” who acted as conduits between Kemsa and public hospitals were trying to sneak back after the role was transferred to governors.
“We have devolved health services. Why would we want to let the national government to continue micromanaging and procuring drugs for the counties? In the past you will find Kemsa delivering malaria drugs to Nandi Hills when they are most needed in Kisumu,” said the Bungoma Senator.
Kisii Senator Chris Obure (ODM) wondered why the national government wanted to hang on to the supply of drugs yet other health functions had been devolved.
“It is a good attempt to manage county governments collectively. The Bill tries to take away powers of county governments and give it back to the national governments. The objective of devolution was to allow better services to Kenyans,” said Mr Obure.
Homa Bay Senator Otieno Kajwang’ said Kemsa had enjoyed the monopoly for long and it was now the turn of counties to buy drugs independently.
“Brokers in the medical supply chain are behind this Bill… if you take away medicine and tie to Kemsa what functions remain for governors? We are not going to provide markets for Kemsa in the counties,” said Mr Kajwang’.
In defence, Prof Kindiki said the price of purchasing drugs in bulk would be 20 times cheaper. He also argued that most counties do not have high-end facilities especially for vaccines that required specialised storage.
“Counties will be forced to buy from international markets which are more expensive. The Bill does not compel the counties to buy from Kemsa. They can still buy from elsewhere,” the majority leader said, dismissing claims that he was acting on behalf of cartels in the ministry.
The divided House agreed to adjourn debate on the controversial Bill following the opposition that was gaining traction. Elgeyo-Marakwet Senator Kipchumba Murkomen moved the adjournment, saying they would find a common ground before bringing back the Bill.
KPMDU secretary-general Sultani Matendechero supported the push to allow Kemsa supply drugs saying it would be a tragedy if county governments were allowed to.
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