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Kenya, US fight over HIV drugs ‘still unresolved’

ARVs

A patient displays one type of the ARVs in use in Kenya. More than 1.5 million HIV patients are at risk as a consignment of antiretroviral drugs remains stuck at the port of Mombasa.

Photo credit: File | Nation Media Group

What you need to know:

  • Stuck at the port, as per shipment documents, are 258,954 packs of Tenofovir, Lamivudine Dolutegravir (TLD).

The stalemate between the government and the US over anti-retroviral drugs remains unresolved, the Nation can now reveal.

While the government said that the standoff on the lifesaving drugs had been solved, the US observed it is not aware of any resolution.

On Frdiay, Health CS Mutahi Kagwe told the National Assembly Health Committee that they had resolved the tiff and that the USAid had agreed to release the Sh1.2 billion drugs to Kemsa and they were already being distributed to 31 counties.

Mr Douglas Onyancha, USAid representative at the Kemsa board, reiterated on Thursday that the impasse had been resolved and that the distribution of the drugs from USAid will soon be rolled out.

But a United States Embassy official told the Nation on Friday that none of the drugs released were from their consignment.

“It is important to clarify that the medications referred to in parliamentary testimony are actually from another donor—Global Fund—and not from USAID. As the largest contributor to the Global Fund, the US is proud that we can once again help the people of Kenya. The donation from the American people through USAID of medications and medical supplies that were stuck at Mombasa port remain in USAid’s possession until our deliberations conclude,” the US embassy spokesperson told the Nation.

The consignment

Stuck at the port, as per shipment documents, are 258,954 packs of Tenofovir, Lamivudine Dolutegravir (TLD).

The consignment arrived in January 18, after an application for the import permits and approval of import declaration form were submitted on December 16, 2020 and resubmitted on January 5.

However, Geoffrey Mwagwi, Kemsa customer service manager said on Thursday that the drugs that were being flagged off were from an old stock from the Global Fund and the President's Emergency Plan for AIDS Relief (PEPFAR) and they are since releasing the remaining stock to 16 counties on Monday.

The Saturday Nation has learnt that lack of integrity, transparency, corruption allegations and trust may have cost Kemsa the five-year contract with USAID.

For the last five years, since September 2015, the USAID and Kemsa have had a contract for procurement, warehousing and distribution of donations to Kenya. The contract ended on September 25, 2020.

However, before it’s lapse, it was extended to December 24, 2020. Prior to the review on whether to extend the contract or not, the USAID requested Kemsa to provide a close out plan at the expiry of contractual arrangement in line with their normal procedures of programme close out.

No response from Kemsa

According to an insider at the Ministry of Health who sought anonymity, Kemsa did not respond to the donors as per the stipulated timelines.

When the response was not forthcoming, the USAid reviewed the terms in the contract to only warehousing and distribution and excluding procurement, the extension period was further revised to April 23, 2021, to give room for more consultation.

With this, the donor engaged the services of a third party, a privately owned American firm, Chemonics to procure and import consignments on behalf of USAid.

When the said consignment worth Sh1.2 billion arrived in the country in January, the government demanded Sh90 million tax.

The life-saving drugs were held at the port until the said company paid the tax with the government saying that USAID side-stepped a routine system of importing HIV/Aids and tuberculosis drug donations through government channels and instead used a private firm.

In communication from the USAid, the drugs are still in their possession until the stalemate is resolved.

However, Mr Kagwe said that they had agreed with the donors to waive the tax and that the consignments were channelled through Kemsa for distribution.

Mr Kagwe said that the ministry is not going to sign any contract with an organisation they know nothing about to bring drugs into the country unless the USAid does that and takes care of the tax issues. However, USAid is not also not so keen on working with Kemsa and has given conditions that unless the system is restructured then they have no option but to engage the services of a third party.