Health CS Duale orders penalties over expired drugs, directs mandatory Kemsa procurement

Top health officials will now be personally fined for expired government-purchased drugs, following a stern directive from Health Cabinet Secretary Aden Duale.

He also ordered all referral hospitals to source their medical supplies exclusively from the Kenya Medical Supplies Agency (Kemsa) before seeking alternatives.

Speaking on Thursday, Duale said the ministry will not tolerate wastage and warned that senior agency officials will be surcharged for any expired stock at Kemsa warehouses.

“I have directed that all referral health facilities should first buy drugs from Kemsa. And if we find any expired drugs here, we will surcharge the CEO and all the directors if even one drug expires,” Duale said during a strategic engagement with Kemsa’s board and senior management in Embakasi, Nairobi.

He noted that the new approach is intended to shift Kemsa from being a “supply-driven” to a “demand-driven” institution, aligning purchases with actual facility needs to avoid overstocking and eventual expiry.

“This is not just a waste of resources, it is a betrayal of public trust,” the CS said, referring to statistics that show Kenya’s drug expiry rate stands at 32 per cent—far above the global average of 3 to 5 per cent.

Routine inspections

He noted that routine inspections of over 300 public health facilities and Kemsa warehouses had revealed shocking volumes of expired medication, some dating back years.

“Nearly a third of all drugs procured for public use expire before they are even distributed. The value of expired stock could have covered the entire annual health budgets of several counties, built hundreds of new hospitals, or paid thousands of frontline health workers,” Duale said.

The Ministry of Health has indicated it needs at least Sh600 million to safely dispose of expired medicines valued at Sh90 billion currently stored in government facilities.

Expired drugs

In September 2023, Kemsa destroyed Sh1.8 billion worth of expired drugs and equipment. In 2022, the agency was on the spot over another batch valued at Sh328 million.

The Health CS also pointed to bulk procurement without accurate demand forecasting as a key cause of the problem, saying drugs are often bought in excess without proper assessment at the facility level.

Kemsa officials, on their part, have blamed poor forecasting, inefficient procurement systems, and bureaucratic inertia for the recurring expiry of drugs.

County officials told the ministry that financial constraints, convoluted supply chains, and lack of disposal guidelines have contributed to the crisis.

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In Trans Nzoia, health officers admitted that most of their expired stock came from poorly coordinated donations.

In Kilifi, supplies from national health programmes targeting HIV/AIDS, malaria, and tuberculosis were left to expire due to changes in treatment protocols and outdated stock management practices.

In response, Duale directed Kemsa to fully operationalise its regional warehouses and last-mile delivery mechanisms to enhance accountability, ensure timely distribution, and restore public confidence in the national supply chain.

“Kemsa must become a high-performing, agile, and ethical institution that delivers for the people. The health of our citizens depends on a supply system that works, one that counties and communities can trust,” he said.