CJ Willy Mutunga and Gladys Shollei in Twitter war over house deal

Members of the Parliamentary Accounts Committee, inspect the house meant for the Chief Justice last July. The house is under 24-hour guard by Administration Police. PHOTO | EVANS HABIL

What you need to know:

  • Dr Mutunga sparked off the exchanges in a message posted on his Twitter handle on Tuesday evening, declaring: “I have no official residence. Since my appointment I live in a rented apartment. My house allowance is 100K and is taxed.”
  • The message prompted a series of reactions from Mrs Shollei, who accused the CJ of failing to reveal the whole truth about his accommodation. She attached series of letters tracing the history of the quest for an official residence for the CJ.
  • “The Judiciary would like it to be publicly known that it does not own an official residence for the Chief Justice. Attempts to acquire an official residence since 2011 have encountered integrity challenges..

Chief Justice Willy Mutunga and sacked Chief Registrar Gladys Shollei have rekindled the controversy over purchase of an official house in a new social media war.

Dr Mutunga sparked off the exchanges in a message posted on his Twitter handle on Tuesday evening, declaring: “I have no official residence. Since my appointment I live in a rented apartment. My house allowance is 100K and is taxed.”

The message prompted a series of reactions from Mrs Shollei, who accused the CJ of failing to reveal the whole truth about his accommodation. She attached series of letters tracing the history of the quest for an official residence for the CJ.

When challenged by a Twitter user who pointed out that a request for accommodation did not amount to getting one, Mrs Shollei responded by tweeting: “@WMutunga 4 months after coming to office on 20/5/11 was already begging/demanding for a residence. If he requested why has he not moved in?”

Mrs Shollei was sacked last year after the Judicial Service Commission accused her of financial impropriety involving the purchase and leasing of offices for the Judiciary, expansion of courts and payments of salaries.

She challenged the accusation in and out of court but lost in the Court of Appeal.

The Judiciary had claimed last year that it had bought a house for the CJ in the upmarket Runda estate at a cost of Sh310 million. However, a spokesman Wednesday said that the sale was never completed because the title deed for the house owned by a company linked to Machakos Senator Johnson Muthama was being held by a bank.

Although Mr Muthama acknowledged that the title had been given to a bank as security for an overdraft taken by his company JNM Holdings Ltd, he said the document was released and handed over to the lawyers who were representing the Judiciary in the transaction.

“It was not a bank charge; it was part of the security with the bank. Before they could pay the money, the house was discharged and the title deed handed over to them. It was a clean title deed,” the Senator told the Nation in a telephone interview.

INTEGRITY CHALLENGES

However, a spokesman for the Judiciary, challenge the claim. In a statement to newsrooms, he said: “The Judiciary would like it to be publicly known that it does not own an official residence for the Chief Justice. Attempts to acquire an official residence since 2011 have encountered integrity challenges that are currently under active investigation by the Ethics and Anti-Corruption Commission”.

When the house was being bought, the Judiciary was represented by Nairobi lawyer Donald Kipkorir. 

The lawyer could not comment on the dispute. He said: “My client has all the material information relating to it.”

In a telephone interview with the Nation, Mrs Shollei said it was “factually wrong” to claim that the Judiciary does not own the house in Runda.

“The lawyers for Muthama wrote to the Judiciary explaining they had forwarded the title and another list of documents they indicated in a letter I uploaded on Twitter. That was sufficient transfer. The documents were sent to the lands office. And the lands registrar received them,” she said.

“All I know is that during my tenure, everything was forwarded,” Mrs Shollei said.

She said the documents were recalled from the lands registrar after her sacking.

The documents posted on Twitter include a letter in February from the Judiciary to Mr Kipkorir advising that the transaction could not be completed because of ongoing investigations.

Earlier letters from the vendor’s lawyers, however, indicated that payment had been made in full and all relevant documents handed over.
“If there was corruption, people should be arrested and taken to court,” Mrs Shollei said. “He (the CJ) should table the evidence”.

Among those who commented on the spat on Twitter was former Gichugu MP Martha Karua, who was also a presidential candidate in last year’s General Election.

She said: “@WMutunga, what about that house in Runda we are told Judiciary purchased as official residence for CJ?”
In his reply, Dr Mutunga said: “@MarthaKarua. It’s the one under EACC investigation. I am sure they could give details.”

Questions over the purchase were first raised in an audit of expenses at the Judiciary over the last three years that exposed malpractices in procuring goods and services.

WINNING BIDDER

Although the former Chief Registrar contested her sacking, the Court of Appeal agreed with the decision taken by the Judicial Service Commission to relieve her of her duties.

The purchase of the house was one of the questions that the JSC had raised against Mrs Shollei.

In her written submissions replying to allegations of irregularity in the transaction, Mrs Shollei said: “It is important to note that the winning bidder had quoted Kshs425 million as the initial tender price while the valuation report had valued the house at Kshs350 million. The Judiciary negotiated the price downwards to Kshs310 million resulting in a saving for the Judiciary”.

She attached a series of letters between government officials and lawyers involved in the transaction in her defence.

As the row rages over the house, the CJ continues to live in an apartment in Kilimani.