Where is Sh50m? AG’s office asked

The office of the Attorney-General has been asked to explain how it spent Sh50 million in the last financial year.

Mr A S Gatumbi, the controller and auditor general, has written to the solicitor general Mr Wanjuki Muchemi, seeking answers over money meant for miscellaneous compensation, which cannot be accounted for.

In the letter dated January 6, 2010, Mr Gatumbi said the records on deposits at the State Law office did not add up.

“Examination of deposits records at your offices revealed that the government paid miscellaneous compensation claims totalling Sh18.9 million during the year as summarised in the attached appendix,” said the letter.

“According to information available, the claims arose mainly from ex-parte judgments delivered by the courts against the Government, as a result of inadequate representation during the hearing of cases.”

The auditor said the payments left a lot to be desired, since no explanation was provided by the solicitor general as to why there was inadequate representation, which led to the government losing more than Sh18 million.

In one such incident in January 29, 2009, a leading city law firm was paid Sh263,076 in a case where a district commissioner defaulted in payment for accommodation offered.

“The ministry did not contest the liability; hence, judgment entered against it. It is not clear why the DC defaulted in paying the services rendered,” the auditor said.

In another incident in June 16, 2009, between a complainant Ms Salome Wanjiru Kamande versus the Republic, the government paid over Sh1 million to the complainant. Mr Gatumbi asked Mr Muchemi to shed light on why the money was paid out.

“The claims arose out of administration police action of destroying a kiosk belonging to the plaintiff, defence was filed but the defence counsel abandoned the case halfway, amounting to professional negligence, which resulted in the government losing funds,” he said.

“It is not clear how the government had to foot the bill resulting from professional negligence where as the officer could be surcharged for the same,” Mr Gatumbi told the solicitor general.