COUNCIL OF GOVERNORS

Telephone: Nairobi 0775 244 381, 0725 815 206 Delta House 2nd Floor
E-mail: info@cog.go.ke Chiromo Road Off. Waiyaki Way
P.O. BOX 40401-00100
NAIROBI

Ref No: COG\6\40 Vol 6 10th June 2015

Mr. Halakhe D. Waqo

Chief Executive
Ethics and Anti-Corruption Commission (EACC)
Integrity Centre,
Milimani/Valley Road junction
P.O. Box 61130 00200
Nairobi Kenya

RE: MANAGED EQUIPMENT SERVICE PROJECT: MEDICAL EQUIPMENT FOR

COUNTY HOSPITALS

We wish to bring to your attention the proposed Managed Medical Equipment

Services project (MES) by National Government (MOH) for the Counties hospitals.
This issue has inited a lot of attention in the media and public since it touches on a
very important and sensitive aspect of Kenyans’ lives; health. As a result and in spite
of the issues the Council of Governors has raised, the Governors have been under a
lot of pressure both from the public and the National Government to agree and sign
the MOU prepared by the National Government to effectively start the project.

It is however important to note that the National Government has neglected to

make available the main contract with contractors that are providing the
equipment and other services during the life of the project. The National
Government has however forwarded an MOU to each County to sign. Once the
County signs, the MOU becomes biding and effective. (A copy of the MOU from
one of the Counties is attached). The MOU is similar for all the Counties and the list
of equipment is the same.
The entire process has been undertaken by the National Government (Ministry of
Health) without consultation with Counties as required by law and Governors have
raised questions that the National Government is yet to answer. However due to
pressure, the Council of Governors has agreed to the signing of the MOU as they
await answers to the outstanding issues.

The purpose of this letter is to request your esteemed office to follow up on this
issue and confirm all governance systems have been followed as provided by public
financial management act and that the contractual agreements meet economic and
ethics rules and other laws as laid out in the constitution. This will ensure the
Governors are not held responsible for any misdeeds related to this project.

The Council of Governors via the attached letter and Terms of Reference inform you
that the Auditor General has also been asked to audit the entire process.

Yours Sincerely,