Concerns are being raised about why no arrests have been made in the ongoing Social Health Authority (SHA) investigations.

When Health Cabinet Secretary Aden Duale on Monday handed over what he termed “evidence” to the Directorate of Criminal Investigations (DCI), stakeholders and ordinary Kenyans expected immediate action against individuals and facilities implicated in the loss of about Sh24 billion taxpayers’ money.

However, DCI boss Mohamed Amin has urged patience, saying although the multi-agency team constituted to conduct the probe has started its work, action is likely to be seen soon.

“By next week, it will be clearer when we expect the team to move to the facilities spread across the country to ascertain the situation,” said Amin.

Duale handed over 1,188 files to DCI for action. The names of the individuals and hospitals targeted, however, remain secret.

However, sources indicate that of the targeted hospitals, only 85 are operational. The rest were closed between three and five years ago.

Stakeholders argue that the Ministry of Health is controlling the narrative around the scandal, guiding investigative agencies on what to look into.

“So far, we have not heard from EACC or DCI. What we are hearing is only from the ministry yet it is an interested party,” said John Nyangi, a health economist. “We need independent voices and due process. Those accused must be heard before their facilities are closed or reputations destroyed.”

The closure, according to Njagi, is punishing patients rather than the real perpetrators.

“Closing facilities denies communities access to healthcare. Many of these facilities are the only providers in their areas. Investigate individuals, but allow services to continue so that Kenyans are not left without care.” 

There are also concerns that shutting facilities before investigations are completed could compromise evidence and make it harder for detectives to trace financial and administrative records.

“When DCI moves to investigate the shut hospitals? Whom shall they find if they are already closed down? Shall they get files? said Njagi.

Rural and Urban Private Hospitals Association of Kenya chairperson, Brian Lishenga, cast doubts on the investigations being conducted. 

“We are demanding arrests of individuals. We are demanding they give us full list of hospitals accused of fraud. They should also publish what they are set to recover from the hospitals,” said Lishenga.

Duale has denied complicity and instead accused some MPs of owning hospitals that allegedly benefited from fraudulent claims, leaving Kenyans unsure whom to believe. The have been calls for the CS to resign to allow for fair investigations.

“The Directorate of Criminal Investigations (DCI) and Ethics and Anti-Corruption Commission are independent institutions. They should move in, investigate freely and fairly those implicated; including top officials at the Ministry of Health,” said Nyangi.

The ministry closed 85 hospitals, with the CS saying 24 others had been cleared after inspection by the Kenya Medical Practitioners and Dentists Council (KMPDC) in collaboration with SHA.

Confusion, however, surrounds the move with reports that more facilities are still being closed while others have been reinstated but are not operational.

A letter by KMPDC dated July 7 shows that five hospitals were closed during the inspection, but met the requirements. The letter required the facilities to be reinstated.

The hospitals include Daryel Plus Hospital, Hanball Healthcare, Port Florence Nursing Home-Ndiwa, Rajab Nursing Home and Fokas Hospital Kutulo.