Judge stops probe on 6 JSC members over Sh51m payout

The High Court has stopped investigations on four sitting and two former members of the Judicial Service Commission (JSC) for financial impropriety.

The Ethics and Anti-Corruption Commission was set to begin the investigations following the recommendation of National Assembly’s Public Accounts Committee.

ORDER

Justice George Odunga issued the temporary order on Wednesday after the JSC moved to court to protest against the imminent scrutiny of its sittings and allowances.

“An order restraining the EACC from investigating the members of JSC’s Finance and Administration Committee as recommended in a May 2014 PAC audit report pending the hearing and determination of this case, is hereby issued,” the judge said.

The commission, now chaired by Chief Justice David Maraga, had sued the National Assembly, the EACC and the Attorney-General.

It wanted the EACC barred from probing Supreme Court Judge Smokin Wanjala, Court of Appeal’s Justice Mohammed Warsame, former JSC commissioners Ahmednasir Abdullahi and the Rev Samuel Kobia together with two current members— Christine Mango and Emily Ominde.

12 MEETINGS

The probe against the six relates to convening meetings without the knowledge or approval from the now retired Chief Justice Willy Mutunga, where they pocketed allowances.

Through Issa and Company Advocates, the JSC claimed that the PAC held a total of 12 meetings to interrogate 25 witnesses, including two former members and a current commissioner, on audit issues raised by the Auditor-General’s findings.

The audit was conducted for the period between 2011/2012 and 2012/2013 following the dismissal of former Judiciary Chief registrar Gladys Boss Shollei over financial impropriety on her part.

According to the Auditor-General’s report, in the alleged unauthorised meeting on August 28, 2014, the JSC approved payments totalling Sh51,815,435 to 12 suppliers and hence the members are to be held liable for bypassing financial management and directing expenses, which irregularly occasioned losses.

'IRRATIONAL'

Following the presentation of the report to the PAC in May 2014, MPs recommended that the various commissioners must take personal responsibility for allowances paid to them for attending meetings without the approval of the Chief Justice.

The PAC also recommended that the six be individually surcharged, an audit of the meetings be undertaken and that they be investigated for their roles in some financial improprieties at the JSC.

The National Assembly adopted the recommendations on February 16, 2016.

But the JSC now claims that the recommendation to have them investigated is irrational, unreasonable and has an ulterior motive.

The commission also alleges that the recommendations were reached following material factual errors on the part of the PAC.

DPP BARRED

“Unless an order is issued restraining the EACC from investigating the members of JSC’s Finance and Administration Committee, there is real and imminent danger that the said persons will be subjected to an investigation to achieve a collateral purpose,” their lawyer said.

In the case documents, the JSC alleges that there will be no inconvenience caused if the temporary orders as requested are issued by court.

The JSC also wants the court to issue orders stopping the Director of Public Prosecutions from bringing any charges against the six and that a bench be set up to hear and determine the matter.

Justice Odunga directed that the case documents be provided to the National Assembly, the EACC and the AG.

The case will come up on June 7.