The Ministry of Health failed to explain how much it received from HIV kits manufacturers it sought donations from after conducting the pilot study and categorizing the kits and how the money was used.

Director General of Health Patrick Amoth was hard pressed by Guangzhou Wondfo Biotech Ltd to explain why the ministry asked for Sh9 million from the firm after it had sent out letters on the categories and how $25,000 donated was used.

Dr Amoth defended the move, saying: “Each manufacturer knew where his or her kit was in the algorithm. It is not unusual because you are going to make business in return.” 

“Are you aware whether donation was sought from other manufacturers?” said the company’s lawyer, Elias Mutuma.

“I am not certain,” Amoth replied.

Pressed further, Amoth, who is the only witness, said he was not the right person to answer the questions. “I will answer as a guess. My role is purely technical. Matters finances and that is outside my domain,” he said.

At the heart of the case is categorising testing kits into A1, A2, and A3. According to the ministry, A1 ought to be the most effective kit.

The court heard that on January 5, 2023, Dr Andrew Mulwa, then director of medical services, had written to the Chinese company indicating that its kit was categorised as A1.

In the same letter, the ministry sought a Sh9 million donation from the manufacturer. The firm sent $25,000 (more than Sh3 million).

The court heard although Mulwa acknowledged receiving the money, the ministry sent the same letter, dated the same day except this time, indicating that Guangzhou’s kit ought to be in A2.

Amoth claimed in his affidavit that the first letter contained an error.

However, when asked if the error issue had been captured in the second letter, he admitted that it was not indicated nor recalled.

Amoth said that although the report indicated that Kenya was following World Health Organization categorization, the world body did not have such clusters. He admitted it was an error.